Marijuana possession, sale, and manufacture are regulated by both state and federal law. Since 2010, Oregon has classified marijuana as a Schedule II substance, which means that it has a strong potential for abuse, but also legitimate medical value. (Or. Admin. Rules Comp. § 855-080-0022.) While non-medical use of marijuana is illegal in Oregon, the state allows medical marijuana use under limited circumstances. And while not covered in this article, it is a crime to drive under the influence of marijuana in Oregon.
To learn about Oregon's medical marijuana laws, see Oregon Medical Marijuana Laws.
For information about charges and penalties for driving under the influence of marijuana in Oregon, see Driving Under the Influence of Marijuana in Oregon.
Marijuana Possession
It is a crime to knowingly or intentionally possess marijuana in Oregon. Penalties vary according to the amount possessed, with increased penalties for possession within 1,000 feet of a school. (Or. Rev. Stat. Ann. § 475.864.)
- Up to one ounce. Oregon has decriminalized possession of small amounts of marijuana. Violations are considered misdemeanors that incur a fine between $500 and $1,000, but no jail time. However, if this offense occurs within 1,000 feet of a school, penalties increase, with a fine of up to $1,250, up to 30 days in jail, or both.
- One ounce or more. Penalties include a fine of up to $250,000, up to 10 years in prison, or both.
Sale
Selling or even distributing any amount of marijuana without compensation is illegal in Oregon. (Or. Rev. Stat. Ann. § 475.925.)
- Selling (any amount). Penalties include a fine of up to $250,000, up to ten years in prison, or both.
- Selling to a minor. Penalties increase to a fine of up to $300,000, and 20 years in prison, for sales to a minor who is at least three years younger than the seller.
- Distributing up to 5 grams without compensation. Penalties include a fine of between $500 and $1,000, but no jail time.
- Distributing between 5 grams and one ounce without compensation. Penalties include a fine of up to $5,000 and up to one year in jail.
- Distributing more than one ounce without compensation. Penalties include a fine of up to $250,000, up to ten years in prison, or both.
- Selling or distributing any amount of marijuana near a school or to a minor. An offense that occurs within 1,000 feet of a school, and sales or distribution to a minor, are punishable with a fine of up to $375,000, up to 20 years in prison, or both. (Or. Rev. Stat. Ann. § 475.862.)
Manufacture
Illegally manufacturing (including cultivating or processing) any amount of marijuana in Oregon is punishable with a fine of up to $375,000, up to 20 years in prison, or both. (Or. Rev. Stat. Ann. §§ 475.856 & 475.906.)
Drug Paraphernalia
It is illegal to sell drug paraphernalia in Oregon. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties include a fine of up to $5,000, up to one year in jail, or both. (Or. Rev. Stat. Ann. § 475.525.)
The Value of Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
