The Top 5 Things You Should Know About Oregon Marijuana Laws
As an Oregon Criminal Defense Lawyer, people ask me a lot of questions about Oregon's marijuana laws. Probably the most popular question concerns how much trouble you can get in for Unlawful Possession of Marijuana or Unlawful Manufacture of Marijuana.
People in the community are also very curious about the Oregon Medical Marijuana Act, and how that law effects Oregon marijuana charges.
Oregon drug laws are complicated, and this blog post is not meant to be a comprehensive legal analysis of Oregon's marijuana laws. The purpose of this post is to highlight some important aspects of Oregon marijuana charges and to provide general answers to some frequently asked questions. You can learn more about Oregon marijuana laws and the Oregon Medical Marijuana Act HERE.
1. Simple Possession of Less than 1 Ounce of Marijuana is a Violation. (ORS 475.864)
The good news is that you are not looking at criminal charges just for having less then 1 ounce of marijuana. Possession of less than an ounce is classified as a "violation" which means it is not punishable by jail time and only carries a stiff fine. The minimum fine for possession of less than an ounce is $500 and the maximum fine is $1000. However, there is a catch. If the police catch you with less than an ounce in a public place, like a concert or a shopping mall, or within 1000 feet of a school, you can get charged with a Class C misdemeanor. A Class C misdemeanor for Unlawful Possession of Marijuana carries a maximum of 30 days in county jail and a maximum fine of $1,250.
2. Possession of More than 1 Ounce of Marijuana is a Felony. (ORS 475.864)
If your bag of buds weighs more than an ounce, you could be facing felony marijuana charges. It seems kind of absurd that a person with just under one ounce of pot will only get a violation ticket while a person with just over one ounce could get a felony marijuana charge. But that is the law. A single gram could mean the difference between a fine and the severe consequences of a felony conviction. Also, if you have more than 180 grams (about 72 times the mass of a US penny), that is considered a "substantial quantity" under the law and this may result in more serious penalties.
3. Growing a single marijuana plant without an Oregon Medical Marijuana card is a felony. (ORS 475.856)
Some people are under the mistaken impression that only growing a plant or two won't land a felony charge. Unfortunately, this is not the case. If you are not licensed to grow under the Oregon Medical Marijuana Act, growing a single seedling constitutes the felony crime of Unlawful Manufacturing of Marijuana. If you are registered patient, care giver, or grower under the OMMA, you can possess up to 6 mature marijuana plants and 18 seedlings or "starts." A seedling or a "start" means a marijuana plant that has no flowers, is less than 12 inches in height, and less than 12 inches in diameter. All other marijuana plants are considered "mature" plants and will count against the 6 plant limit.
4. If you are caught with a lot of marijuana, you could be charged with drug dealing (Unlawful Delivery of Marijuana).
You can get convicted of Unlawful Delivery of Marijuana (drug dealing) if they can prove that you intended to distribute marijuana in your possession. So, if the police catch you with 5 pounds of marijuana in your trunk (about .9 times the mass of the book A New Kind of Science), you will probably be looking at felony charges for Unlawful Delivery of Marijuana. The police don't need video tape of you actually giving marijuana to somebody else. They will argue that the sheer amount of marijuana shows that you intended to sell some of it. Of course, the reality is that sometimes marijuana users stockpile marijuana that is meant only for personal consumption.
5. If you are a registered card holder under the Oregon Medical Marijuana Act, you can possess 24 ounces at a time.
If you are a medical marijuana patient or primary care giver under the Oregon Medical Marijuana Act, you can possess up to 24 ounces (about 1.5 pounds or 680 grams, or about 1.9 times the mass of a can of soda) of usable marijuana. If you are a medical marijuana card holder, it is absolutely critical that you follow all the rules and regulations under the OMMA. If the police caught you with 25 ounces of marijuana, instead of the allowed 24, you could be facing a felony charge for Unlawful Possession of Marijuana. If you go outside the authorized limits, you lose all of your protections under the OMMA and can be charged with marijuana crimes under Oregon law.