Oregon Marijuana Laws

Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.

Possession

Possession of less than 1 ounce of marijuana is a violation punishable by fine of $650. However, possession of less than 1 ounce within 1,000 feet of school grounds is Class C misdemeanor punishable by 30 days imprisonment and/or a fine up to $1,250. Possession of over one ounce, but less than four ounces of marijuana is a Class B misdemeanor punishable by no more than six-months in prison. Possession of 4 ounces or more is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $375,000. Possession of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

Sale or Distribution

Delivery for no compensation of less than 5 grams marijuana is a violation punishable by fine between $500 and $1,000. Sale of 5g or less is a Class C misdemeanor punishable by a fine of up to $1,250 and a maximum sentence of 30 days. Delivery for no compensation of 5 grams or more but less than 1 ounce is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250. Delivery of 1 ounce or more of marijuana without compensation is a Class C felony punishable by up to 5 years imprisonment and/or a fine up to $125,000. If the delivery of this amount was for compensation, then it is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $250,000. Any delivery (whether with or without compensation) of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

Delivery of marijuana for or without compensation within 1,000 feet of school grounds is a Class A felony punishable by up to 20 years imprisonment and/or a fine up to $365,000. However, if the quantity delivered was less than 5 grams, took place in a pubic place within 1,000 feet of school grounds, and was to a person aged 18 or older, it is a Class C misdemeanor punishable by up to 30 days imprisonment and/or a fine up to $1,250. There is no defense that the delivery occurred within the confines of a private residence.

Delivery to a minor by a person aged 18 years or older who is at least 3 years their senior is a Class A felony punishable by up to 20 years imprisonment and/or a fine up to $375,000.

Cultivation

Cultivation of any amount marijuana is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $375,000. If the amount cultivated is 150 grams or more, the punishment is more severe with the term of imprisonment varying depending on the offender’s prior record. Cultivation within 1,000 feet of school grounds is a Class A felony but is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

Hash & Concentrates

Offenses involving the possession of less than 1/4 ounce of hashish are a Class B misdemeanor punishable by no more than six-months in prison. Hashish and concentrates are considered marijuana in Oregon and therefore have the same penalties. The only distinction is that 100 grams of hashish or concentrates are required for the offense to be considered a commercial drug offense whereas 150 grams of marijuana is required to be a commercial drug offense. An offense designated a commercial drug offense increases the associated penalties based on the offenders record.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent to sell or deliver paraphernalia is subject to a civil penalty of $2,000 to $10,000.

Sentencing

Oregon determines the length of sentence by using a sentence grid.

If a person pleads guilty to or is found to be guilty of a marijuana possession offense, the court may, without entering a judgment of guilt, defer the proceedings and place the person on probation if all parties agree to it. If the person violates the terms of the probation, the court may enter a adjudication of guilt and proceed with the case. Upon successful completion of the probation, the court shall discharge the person and dismiss the proceedings. There may only be 1 discharge and dismissal with respect to any person.

Forfeiture

Criminal – Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a criminal forfeiture proceeding. Should the district attorney decide to pursue criminal forfeiture, it shall be brought in the same proceeding as the underlying offense. When property has been seized, a person with an interest in it (other than the defendant) has 15 days from actual knowledge or notice, whichever is earlier, to file a motion to show cause.

Civil – Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a civil forfeiture proceeding. Forfeiture notice may be given by the police officer when seizing the property or within 15 days of the seizure by the seizing agency. Those claiming an interest in the property have 21 days after forfeiture notice to file a claim with the agency’s forfeiture counsel.

Miscellaneous

Commercial drug offense – Possession, delivery, or cultivation of marijuana can be considered a commercial drug offense if 3 factors out of a long list are satisfied, including the delivery was for compensation, the person was in possession of $300 or more in cash, they possessed materials for the packaging of controlled substances, among many others. Commercial drug offenses are punished more severely with the term of imprisonment varying depending on the offender’s prior record.

Knowingly maintaining a structure used for drug offenses – It is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250 to maintain a structure (including houses and vehicles) that the owner knows is used for using, storing, or selling marijuana.

Suspension of Driving Privileges – A conviction for possession of one ounce or more, delivery, or cultivation of marijuana results in an automatic 6 month suspension of driving privileges, unless the court finds compelling reasons not to suspend the driving privileges.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

Less than 1 oz misdemeanor N/A $ 650
Less than 1 oz within 1000 feet of school grounds misdemeanor 30 days $ 1,250
1 – 4 oz misdemeanor 6 mos $ 1,000
4 oz or more felony 10 years $ 375,000

Possession of 150 g or more is punished more severely.

Sale or Distribution

Less than 5 g without compensation not classified N/A $ 1,000
Less than 5 g misdemeanor 30 days $ 1,250
5 g – 1 oz without compensation misdemeanor 1 year $ 6,250
1 oz or more without compensation felony 5 years $ 125,000
5 g or more felony 10 years $ 250,000
To a minor or within 1000 feet of school grounds felony 20 years $ 365,000

Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Any amount felony 10 years $ 375,000

Cultivation of 150 g or more, or within 1000 feet of school grounds is punished more severely.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver civil penalty N/A $ 10,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses misdemeanor 1 year $ 6,250

Commercial drug offenses are punished more severely.

A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana results in an automatic 6 mos suspension of driving privileges.

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