Oregon Cannabis Laws

Is cannabis legal in Oregon?

Oregon has legalized both adult use of cannabis and medical marijuana. Cannabis is legal in the state of Oregon.

What are the medical marijuana laws in Oregon?

Oregon Medical Cannabis Laws

Oregon Ballot Measure 67, 1998

• The Oregon Medical Marijuana Act provides legal protections for qualified patients, requires a physician-written statement of the patient’s qualifying debilitating medical condition, allows for a caregiver to provide assistance, and mandates an Oregon Health Authority (OHA) registration system.
• In 2012, the medical marijuana laws were amended to approve medical marijuana dispensaries, including a registry system.
• Both medical and recreational marijuana production, processing, and sales are legal under Oregon law, but are subject to a number of laws governing, among other things, regulation and taxation. The primary responsibility for administering and enforcing medical marijuana laws falls to OHA, recreational marijuana laws to the
• Oregon Liquor Control Commission (OLCC), and collection of marijuana taxes to the Oregon Department of Revenue (DOR).
• Oregon Medical Marijuana Program (OMMP) FAQs

Oregon Recreational, Adult-Use Cannabis Laws

Measure 91, 2014

• Law took into effect on July 1, 2015.
• Oregon Governor Kate Brown signed an emergency bill declaring marijuana sales legal to recreational users from dispensaries starting October 1, 2015, during an "early sales" period, through the end of 2016.
• Additional legislation signed into law by Governor Brown in March 2016 allowed the sale of medical and recreational marijuana from the same outlets. Medical marijuana dispensaries that had not obtained a recreational license were no longer permitted to sell for recreational use after 2016.

What medical conditions qualify for a Medical Marijuana Card in Oregon?

The Oregon law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Cachexia
• Cancer
• Degenerative or pervasive neurological condition
• Glaucoma
• Persistent muscle spasms including multiple sclerosis (MS)
• Post-Traumatic Stress Disorder (PTSD)
• Seizures including epilepsy
• Severe nausea
• Severe pain

How do I get certified for medical cannabis in Oregon?

Here’s how to get certified for medical cannabis in Oregon:

1. Register online with Leafwell – Create an account online, then you can speak to a doctor and qualify for an Oregon medical marijuana card. You are only billed if approved.
2. Attend your appointment and discuss with your physician why you would like an MMJ Card – The doctor will review any medical records you’ve submitted and ask you questions based on your medical history. They will provide you with advice and guidance on whether medical marijuana is a good choice for you. They will either approve you or request further information during this call.
3. Once approved, receive your certificate from Leafwell – This is a certificate which says that your doctor recommends you become a cannabis patient under the state’s current laws and this certificate is required to apply for your MMJ Card. It will be emailed to you after the appointment.
4. Complete the medical marijuana application – After your appointment, you’ll receive the next steps to help guide you through the state process. Once approved, the state will mail you your card (please note that the card is not sent by Leafwell). The card is valid for 1 year.

Patients must be aged 18 years-old or over in order to undergo a medical marijuana evaluation with a licensed physician for themselves. It is legal for minors (those aged under 18) to qualify for an Oregon medical marijuana certificate and card. Minors will need a caregiver. Caregivers must be at least 21 years old and Oregon residents with valid state or federal identification.

Medical marijuana patients who are minors will need to complete the Minor Declaration Form.

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Is telemedicine allowed for medical cannabis consultations in Oregon?

Yes, telemedicine is legal in Oregon and you can get certified for cannabis online.

How much cannabis can I possess in Oregon with an MMJ Card?

• For medical card holders: medical marijuana patients (and their caregivers, on a joint basis) may possess up to 24 ounces of usable cannabis; 16 ounces of a medical cannabinoid product in solid form; 72 ounces of a medical cannabinoid product in liquid form; 16 ounces of a cannabinoid concentrate whether sold alone or contained in an inhalant delivery system; 5 grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system; Four immature marijuana plants; and 50 seeds.
• For recreational users: 1 ounce on their person, and 8 ounces in their homes.

Is it legal to grow cannabis in Oregon?

• For medical card holders: qualifying patients may grow up to 16 plants, 6 mature and 10 seedlings per residence. The grow site address must be registered.
• For recreational users: 4 plants per residence.

Does Oregon accept out-of-state cards?

Oregon does not have medical marijuana reciprocity, and does not recognize medical marijuana cards from other states. However, cannabis is legal to purchase for adult use in Oregon.

Will my Oregon card be accepted in other states?

Medical marijuana cards from Oregon are recognized by other states with a medical marijuana program and reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• US Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Oregon?

The Oregon state government follows the Drug-Free Workplace Act of 1988. Under the Drug-Free Workplace Act, if an employee’s use or conduct involving marijuana occurs in the workplace and results in a criminal drug statute conviction, they must notify the employer no later than 5 days after the conviction.

In the 2010 Oregon Supreme Court decision in the Emerald Steel case, the court held that employers have no obligation to accommodate employees who use medical marijuana. Employers are still allowed to have drug-free workplace policies and to enforce the provisions of those policies. Staff, volunteers, students or other persons still cannot possess or use marijuana on school grounds, even with a valid prescription.

Despite Oregon’s generally liberal attitudes towards cannabis, its use, even for medical reasons, can get an employee terminated. Unlike many other states, there are no protections for employees, even for off-site medicinal cannabis use.

What are the medical cannabis product testing requirements in Oregon?

Oregon’s medical marijuana regulations require cannabis products to be tested for cannabinoid content (THC and CBD in particular), pesticides, microbials such as mold, mildew, fungus, viruses or bacteria, water activity/moisture content and solvents.

Where is it safe to purchase cannabis in Oregon?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Oregon?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.