Oregon: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

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

See:

• Oregon Rev. Stat. § 574.059
• Oregon Admin. R. 855-080-022

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.

See:

• Oregon Rev. Stat. § 161.605
• Oregon Rev. Stat. § 161.615
• Oregon Rev. Stat. § 161.625
• Oregon Rev. Stat. § 161.635
• Oregon Rev. Stat. § 475.864
• Oregon Rev. Stat. § 475.900(2)(b)(E)

Sentencing Grid of the Oregon Criminal Justice Commission

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.

See:

• Oregon Rev. Stat. § 161.605
• Oregon Rev. Stat. § 161.615
• Oregon Rev. Stat. § 161.625
• Oregon Rev. Stat. § 161.635
• Oregon Rev. Stat. § 475.860
• Oregon Rev. Stat. § 475.900(1)(a)(E)

Sentencing Grid of the Oregon Criminal Justice Commission

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.

See:

• Oregon Rev. Stat. § 161.605
• Oregon Rev. Stat. § 161.615
• Oregon Rev. Stat. § 161.625
• Oregon Rev. Stat. § 161.635
• Oregon Rev. Stat. § 475.860(4)(b)
• Oregon Rev. Stat. § 475.862

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.

See:

• Oregon Rev. Stat. § 161.605
• Oregon Rev. Stat. § 161.625
• Oregon Rev. Stat. § 475.860(4)(a)

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.

See:

• Oregon Rev. Stat. § 161.605
• Oregon Rev. Stat. § 161.625
• Oregon Rev. Stat. § 475.856
• Oregon Rev. Stat. § 475.858
• Oregon Rev. Stat. § 475.900(1)(a)(E)
• Oregon Rev. Stat. § 475.900(1)(c)

Sentencing Grid of the Oregon Criminal Justice Commission

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.

See:

• Oregon Rev. Stat. 475.005(16)
• Oregon Rev. Stat. 475.900
• Oregon v. Ness, 635 P.2d 1025
• Or. Ct. App. 1981 Web Search

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.

See:

• Oregon Rev. Stat. § 475.525
• Oregon Rev. Stat. § 475.565

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

See: Sentencing Grid of the Oregon Criminal Justice Commission

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.

See:

• Oregon Rev. Stat. § 475.245

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.

See:

• Oregon Rev. Stat. § 131.558
• Oregon Rev. Stat. §§ 131.564(2), (8)
• Oregon Rev. Stat. § 131.582(4)

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.

See:

• Oregon Rev. Stat. § 131A.020
• Oregon Rev. Stat. § 131A.105
• Oregon Rev. Stat. §§ 131A.150(2)-(3)
• Oregon Rev. Stat. § 131A.165

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.

See:

• Oregon Rev. Stat. § 475.900(b)

Sentencing Grid of the Oregon Criminal Justice Commission

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.

See:

• Oregon Rev. Stat. § 161.615
• Oregon Rev. Stat. § 161.635
• Oregon Rev. Stat. § 475.914

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.

See:

• Oregon Rev. Stat. § 809.265
• Oregon Rev. Stat. § 809.280(10)

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.

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.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

LEGALIZATION

This state has legalized marijuana for personal use.

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.

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.

Source: NORML: Oregon Laws & Penalties

 

[TckCliff]

thanks for sharing. Its important everyone read up on the laws and regulations within their state.

 

[BlueLagoonFarmer]

update for the link about Sentencing Grid of the Oregon Criminal Justice Commission:

Oregon.gov : State of Oregon

The official homepage of the State of Oregon

www.oregon.gov

 

[Oregons Best]

Any news on Oregons new laws?

 

[Dwight Monk]

Oregon Laws & Penalties - NORML.org - Working to Reform Marijuana Laws

 

[Lansky]

This is outdated information obviously. See OLCC for new laws and refer to counties and cities law if you are looking to grow commercially.