23 Legal States

Oregon Medical Marijuana Laws

Full Text of Oregon's Medical Marijuana Law

Oregon Medical Marijuana Act

475.300 Findings. The people of the state of Oregon hereby find that:

(1) Patients and .doctors have found marijuana to be an effective treatment for suffering caused by debilitating medical conditions.; and therefore, marijuana should be treated like other medicines;

(2) Oregonians suffering from debilitating medical conditions should be allowed to use small amounts of marijuana without fear of civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them and when other reasonable restrictions are met regarding that use;

(3) ORB 475.300 to 475.346 are intended to allow Oregonians with debilitating medical conditions who may benefit from the medical use of marijuana to be able to discuss freely with their doctors the possible risks and benefits of medical marijuana use and to have the benefit of their doctor's professional advice; and

(4) ORB 475.300 to 475.346 are intended to make only those changes to msting Oregon laws that are necessary to protect patients and their doctors from criminal and civil penalties, and are not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes.

475.362 Definitions for ORB 475.300 to 475.M6. As used in ORS 475.300 to 475.346:

As used in ORs 475.300 to 475.346:

(1) "Attending physician" means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(2) "Debilitating medical condition" means:

(a) Cancer, glaucoma, agitation due to Alzheimer's disease, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions;

(b) A medical condition or treatment for a medical condition that produces for a specific patient, one or more of the following:

(A) Cachexia;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including but not limited to seizures caused by epilepsy; or

(E) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or

(c) Any other medical condition or treatment for a medical condition adopted by the department by rule or approved by the department pursuant to a petition submitted pursuant to ORB 475.334.

(3) "Delivery" has the· meaning given that term in ORB 475.005.· "Delivery" does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.

(4) ''Department" means the Department of Human Services.

(5) ''Designated primary caregiver" means an individual 18 years' of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person's application for a registry identification card or in other written notification to the department. "Designated primary caregiver” does not include the person's attending physician.

(6) "Marijuana" has the meaning given that term in ORB 475.005. .

(7) "Marijuana grow site" means a location where marijuana is produced for use by registry identification cardholder and that is registered under the provisions of ORB 475.304.

(8) "Medical use of marijuana" means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the  symptoms or effects of the person's debilitating medical condition.

(9) "Production" has the meaning given that term in ORB 475.005.

(10) "Registry identification card" means a document issued by the department that identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

(11) "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORB 475.300 to 475.346. "Usable marijuana" does not include the seeds, stalks and roots of the plant.

(12) ''Written documentation" means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records.

 

Read the Oregon Medical Marijuana Act in its entirety here.

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Less than 1 oz.

Misdemeanor

N/A

$1,000

Less than 1 oz. within 1,000 feet of school grounds.

Misdemeanor

30 days

$1,250

1 oz. or more

Felony

10 years

$375,000

Possession of 150 g. or more is punished more severely.

Sale or Distribution

Less than 5 g. without compensation

Not Classified

N/A

$1,000

Less than 5 g.

Misdemeanor

30 days

$1,250

5 g. to 1 oz. without compensation

Misdemeanor

1 year

$6,250

1 oz. or more without compensation

Felony

5 years

$125,000

5 g. or more

Felony

10 years

$250,000

To a minor or within 1000 feet of school grounds.

Felony

20 years

$365,000

Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Any amount

Felony

20 years

$375,000

Cultivation of 150 g. or more, or within 1,000 feet of school grounds is punished more severely.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Civil Asset Forfeiture

Vehicles and other property may be seized.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver

Civil Penalty

N/A

$ 10,00