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| Marijuana Laws in Oregon | |||
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| POSSESSION | |||
| Less than 1 oz | misdemeanor | none | $500 - $1,000 |
| 1 oz to 110 g | class B felony | 10 years** | $100,000 |
| More than 110 g | felony | variable depending on prior record | variable |
| Medical use permitted with up to 24 oz, and 6 mature plants/18 immature seedlings, and state registration. **Conditional discharge available. |
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| SALE, CULTIVATION OR MANUFACTURE | |||
| Gift of less than 5 g | misdemeanor | none | $500 - $1,000 |
| Gift of 5g to 1 oz | class A misdemeanor | 1 year | $5,000 |
| Any amount | class B felony | 10 years | $100,000 |
| To a minor at least 3 years younger than seller, or within 1,000 feet of a school | felony | 20 years | $300,000 |
| Any manufacture | felony | 20 years | $300,000 |
| MISCELLANEOUS | |||
| Paraphernalia sale | misdemeanor | 1 year | $5,000 |
| All marijuana convictions result in a six month drivers license suspension, unless the court finds reason not to suspend driving privileges. | |||
| DETAILS | |||
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Possession of less than one ounce of marijuana is punishable by a fine of $500 - $1,000. Possession of one ounce or more is punishable by up to 10 years in prison. Conditional discharge is possible for possession offenses. Possession of greater than 110 grams is considered a commercial drug offense and penalties are substantially greater, depending on the prior record of the offender. Delivery of less than five grams, for no remuneration, is punishable by a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is punishable by up to one year in jail and a fine of up to $5,000. Any sale of marijuana is punishable by up to 10 years in prison and a fine of up to $100,000. Possession of one ounce or less or cultivation of three plants or less is lawful for any person who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defense to any charges of possession or cultivation within the amount limits. If you are over 17-years-old and deliver any amount of marijuana to a minor who is at least three years younger than you (whether or not you receive something for it), you committed a class A felony punishable by a maximum sentence of 20 years and a $100,000 fine. Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school is punishable by up to 20 years in prison and a fine of up to $300,000. Manufacturing any amount of marijuana is a very serious offense. 'Manufacturing' means growing even one plant and packaging, repackaging, labeling or relabeling marijuana. Manufacturing marijuana is a class A felony punishable by a maximum sentence of 20 years in prison and a $100,000 fine. Knowingly maintaining, visiting or even staying at a place where people are using, storing, or selling marijuana is a class A misdemeanor punishable by up to a year in jail and a $5,000 fine. However, if the amount of marijuana is one ounce or less, and it is just kept or used on the premises, the fine is $100 and not a criminal conviction. Any manufacture of marijuana is punishable by up to 20 years in prison and a fine of up to $300,000. Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $5,000. A conviction for manufacturing, possessing or delivering marijuana, or for driving under the influence of marijuana, will result in a six month drivers license suspension, unless the court finds compelling circumstances not to order the suspension of driving privileges. Senate Bill 1085, which takes effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation. Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section. |
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