Federal law makes it illegal to bring cannabis purchased in another state to Oregon, or to travel with cannabis purchased in Oregon to another state, including the neighboring adult-use states of California, Nevada, and Washington.
New Oregon weed laws have gone into effect to address regulation issues in the marketplace, from curbing illegal marijuana sales to keeping cannabis accessible to those who need it. In December 2018, the Oregon Liquor Control Commission (OLCC), which regulates the state’s marijuana market, tightened its rules and is allowed to deny licenses who don’t complete their renewals on time, as well as for applicants with “unauthorized interest in a licensed business.”
If flying within the state of Oregon, passengers flying out of Portland International Airport (PDX) are allowed to possess up to 1 ounce, or 28.35 grams, of marijuana. Smoking it on an aircraft, however, is illegal. Using or having cannabis on federal property is illegal.
Following Oregon voters’ passage of Measure 67, the Oregon Medical Mariuana Act, in 1998, the state became one of the first to implement a medical cannabis program. In 2014, voters in the Beaver State approved the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, or Measure 91, legalizing the sale, possession, and use of recreational cannabis.
Patients must have a qualifying condition and a doctor’s recommendation to obtain a medical marijuana card. The physician must be a licensed Doctor of Medicine (MD) or Doctor of Osteopathy (DO) and has the primary responsibility to treat a patient with a debilitating medical condition.
Gifting is illegal if it exceeds possession limits and if a financial transaction — such as a raffle, cover charge, or donation — is conducted. The state considers these actions a marijuana sale.
- Six mature plants;
- 12 immature plants that are taller than 24 inches, or 61 centimeters, and;
- 36 immature plants that are shorter than 24 inches, or 61 centimeters.
In June 2019, the passage of SB 218 took things a step further, granting the OLCC the authority to refuse to issue initial production licenses at the department’s discretion in an effort to regulate supply within the state.
Gifting to adults ages 21 and older is allowed up to the following limits:
View the marijuana laws & regulations for Oregon.
Under Measure 91, licensed retailers are authorized to dispense marijuana to adults 21 years of age or older between the hours of 7:00 am and 10:00 pm local time. However, store owners have the right to operate at any time within these hours, so be sure to check ahead of time to confirm the exact opening and closing times.
The legalization of recreational marijuana through Measure 91 doesn’t affect Oregon’s medical marijuana program. The Oregon Medical Marijuana Act protects users from criminal charges concerning possession, production, and delivery. To apply for a medical marijuana card visit the Oregon Public Health Department’s website and fill out an application. You’ll need to have your doctor complete the Attending Physician Statement. You’ll also need a valid photo ID and $200 for the application fee. If you receive benefits from the government, like food stamps, this fee can be reduced. You’ll receive your card within 30 days after submitting your application.
Oregon has adopted a similar policy as Colorado, which allows for local cities and counties to decide for themselves if they will allow recreational marijuana stores. Please note that cities and counties have their own laws, so a county may ban recreational stores, but a city located within that county may allow them. Vice versa, a city may ban but the county may allow. Personal possession is allowed regardless if a city/county allows recreational stores or not.
In Oregon, driving with any amount of THC in your system could get you a driving under the influence (DUI) charge. However, because THC can stay in your system for up to 30 days, it makes it hard to prove whether or not you smoked prior to or while driving. The best way to avoid this is to not smoke and drive at all. If you are caught driving under the influence of marijuana you could face jail time and fines as well as a suspended driver’s license or the judge could order an ignition interlock device installed in your vehicle at your cost. Oregon has taken a hard stance on this and considers any presence of THC to be evidence of impairment.
If you are 21 years of age or older and possess a valid government-issued ID, you are able to purchase cannabis flower, seeds, clones, edibles, concentrates and several other products containing cannabinoids. However, there are limitations on the amounts of each you are able to purchase from a licensed retailer.
Smoking marijuana in public in Oregon is illegal, even if you’re smoking with an often-discreet vape pen. As a result, you can only consume at home or on private property. This means no bars, community parks, public outdoor smoking areas, on buses and airplanes, or federal land. Getting busted smoking weed in public could result in negative legal ramifications including fines and even jail time.
Additionally, you are able to board a plane in Oregon with the legal public possession limit if you are flying within the state. You may not smoke or open the container on the plane and you may not bring marijuana with you if you are traveling outside of the state. If you are trying to board a plane flying out of state, you will be asked to dispose of the marijuana before boarding.
Similar to laws in other recreational states, under measure 91, it is strictly illegal to transport marijuana across state lines, even if both states allow recreational marijuana. However, there are several allowances for transporting marijuana within the state.
In Oregon, possession laws are different for marijuana use at home versus away from home (Public vs. Private), which extend to edibles and other marijuana products. Because of this, it is advised that smokers who possess cannabis when away from home should always have an I.D. on them for proof of age.
Legal information about medical and recreational marijuana laws in Oregon, including Portland, Eugene and Salem.