ORS  Guide
Marijuana
Administration [of marijuana] to someone under 18
ORS > Criminal Code > Marijuana > 475B.371
(1) F(a): Except as authorized under
it's unlawful for someone to intentionally administer a marijuana item to the body of anyone else under 18 by inhalation, ingestion or any other means
(3) a violation of this section will be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission
(4) it's an affirmative defense to this statute if:
(a) the person administering the marijuana item was less than three (3) years older than the victim at the time of the administration, & the victim consented to the administration OR
(b) the marijuana item was administered for a medical purpose with the consent of the victim, and the victim was a registry identification cardholder at the time of the administration
Affirmative defense
ORS > Criminal Code > Marijuana > 475B.398
(1) the defendant had held a license issued under 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), or was performing work for or on behalf of a person that had held a license issued under 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545)
(3) the license had lapsed or had been suspended or revoked AND
(4) the defendant reasonably believed that the license had not lapsed or had not been suspended or revoked
Applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery
ORS > Criminal Code > Marijuana > 475B.301
The statues in the 'Exempted Statues' paragraph at the bottom of this section do not apply to the following:
(1) the production or storage of homegrown plants in the genus Cannabis within the plant family Cannabaceae that are otherwise subject to 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) at a household by one or more persons 21 or older, if the total amount of homegrown plants at the household does not exceed four (4) plants at any time
(2) the possession or storage of usable marijuana items at a household by one or more persons 21 or older, if the total amount of usable marijuana at the household does not exceed eight (8) ounces of usable marijuana at any time
(3) the making, processing, possession or storage of cannabinoid products at a household by one or more persons 21 or older, if the total amount of cannabinoid products at the household does not exceed sixteen (16) ounces in solid form at any time
(4) the making, processing, possession or storage of cannabinoid products at a household by one or more persons 21 or older, if the total amount of cannabinoid products at the household does not exceed seventy-two (72) ounces in liquid form at any time
(5) the making, processing, possession or storage of cannabinoid concentrates at a household by one or more persons 21 or older, if the total amount of cannabinoid concentrates at the household does not exceed sixteen (16) ounces at any time
(6) the possession of cannabinoid extracts at a household by one or more persons 21 or older, if the cannabinoid extracts were purchased from a marijuana retailer holding a license under 475B.105 (Retail license), or transferred by a medical marijuana dispensary registered by the Oregon Health Authority under 475B.858 (Medical marijuana dispensary registration system), & the total amount of cannabinoid extracts at the household does not exceed one (1) ounce at any time
(7) the delivery of not more than one (1) ounce of usable marijuana at a time by a person 21 or older to another person 21 or older for noncommercial purposes
(8) to the delivery of not more than sixteen (16) ounces of cannabinoid products in solid form at a time by a person 21 or older to another person 21 or older for noncommercial purposes
(9) the delivery of not more than seventy-two (72) ounces of cannabinoid products in liquid form at a time by a person 21 or older to another person 21 or older for noncommercial purposes
(10) the delivery of not more than sixteen (16) ounces of cannabinoid concentrates at a time by a person 21 or older to another person 21 or older for noncommercial purposes

Exempted Statutes
Causing another to ingest marijuana
ORS > Criminal Code > Marijuana > 475B.367
(2)(a) F(b): knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person
(3)(a) F(a): regardless of (2), with the intent of committing or facilitating a crime of violence against the victim, knowingly or intentionally causes the victim to ingest a marijuana item without their consent
Civil penalty for violating ORS 475B.010 to 475B.545
ORS > Criminal Code > Marijuana > 475B.416
in addition to any other liability or penalty provided by law, the Oregon Liquor Control Commission may impose for each violation of a provision of 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) or a rule adopted under 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) a civil penalty that does not exceed $10,000 for each violation

The commission shall impose civil penalties under this section in the manner provided by 183.745 (Civil penalty procedures). Moneys collected under this section shall be deposited in the General Fund
Identification for purchasing
ORS > Criminal Code > Marijuana > 475B.220
(1) as used in this statute, 'information that may be used to identify a consumer' means information that may be acquired through the production of a piece of identification as described in 475B.216 (Identification requirement), whether the information is contained in a piece of identification described in 475B.216 (identification requirement) or in a different document or record.
(2) a consumer may not be required to procure for the purpose of acquiring or purchasing a marijuana item a piece of identification other than:
(a) a piece of identification described in 475B.216 (Identification requirement) AND
(b) if the consumer is a registry identification cardholder, a registry identification card.
(3) a marijuana retailer may not record and retain any information that may be used to identify a consumer, except as necessary to make deliveries to consumers pursuant to 475B.206 (Restrictions on delivery or receipt) (3), as required by any rules adopted under 475B.206(3).
(4) a marijuana retailer may not transfer any information that may be used to identify a consumer to any other person
(5)(a) notwithstanding paragraph (3), a marijuana retailer may record & retain the name & contact information of a consumer for the purpose of notifying the consumer of services that the marijuana retailer provides or of discounts, coupons and other marketing information if:
(A) the marijuana retailer asks the consumer whether the marijuana retailer may record & retain the information AND
(B) the consumer consents to the recording & retention of the information
(b) this paragraph doesn't authorize a marijuana retailer to transfer information that may be used to identify a consumer
(6) this statute doesn't apply to deidentified information the documentation & transfer of which is required by the Department of Revenue for purposes of 475B.707 (exemption from tax on retail sale of marijuana items)
Identification requirement
ORS > Criminal Code > Marijuana > 475B.216
(1) subject to paragraph (2), a licensee or licensee representative, before selling or providing a marijuana item to someone, must require the person to produce one of the following pieces of identification:
(a) their passport, issued by the United States or a foreign government
(b) their driver license, issued by the State of Oregon or another state of the United States
(c) an identification card issued under 807.400 (Issuance)
(d) a United States military identification card
(e) an identification card issued by a federally recognized Indian tribe
(f) any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the person's date of birth and a physical description of the person
(g) their proof of participation in the United States Customs and Border Protection Secure Electronic Network for Travelers Rapid Inspection program or NEXUS program, or successor programs
(2) the Oregon Liquor Control Commission may adopt rules exempting a licensee or licensee representative from this section
Immunity for reporting marijuana violation
ORS > Criminal Code > Marijuana > 475B.385
Anyone who, in good faith, makes a report of a violation of 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), and who has reasonable grounds for making the report, is immune from any civil or criminal liability that otherwise might be incurred or imposed with respect to making the report or to the content of the report. The person has the same immunity with respect to participating in a judicial proceeding resulting from the report
Other [marijuana] prohibitions
ORS > Criminal Code > Marijuana > 475B.246
(1) a person may not make false representations or statements to the Oregon Liquor Control Commission in order to induce or prevent action by the commission
(2) a licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious marijuana items
(3) a licensee may not misrepresent to a customer or to the public any marijuana items
Penalty for violating 475B.010 to 475B.545
ORS > Criminal Code > Marijuana > 475B.448
Producing, processing, or storing homegrown marijuana, cannabinoid products & extracts in public view
ORS > Criminal Code > Marijuana > 475B.306
(1) a person may not produce, process, possess or store homegrown marijuana, cannabinoid products or cannabinoid concentrates if the homegrown marijuana, cannabinoid products or cannabinoid concentrates can be seen by normal unaided vision from a public place
(2) a person may not possess or store a cannabinoid extract if the cannabinoid extract can be seen by normal unaided vision from a public place
Prohibition against certain licensees possessing mature marijuana plants
ORS > Criminal Code > Marijuana > 475B.241
(1) except for a marijuana producer that holds a license issued under 475B.070 (Production license) or their licensee representative, a licensee or licensee representative may not possess a mature marijuana plant
Prohibition against giving marijuana item as prize
ORS > Criminal Code > Marijuana > 475B.333
(1) a marijuana item may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind
Prohibition against importing or exporting marijuana items
ORS > Criminal Code > Marijuana > 475B.227
(1) for purposes of this statute:
(a) 'export' includes placing a marijuana item in any mode of transportation for hire, such as luggage, mail or parcel delivery, even if the transportation of the marijuana item is intercepted prior to the marijuana item leaving this state
(b) 'marijuana item' includes industrial hemp products and commodities that contain more than 0.3 percent tetrahydrocannabinol.
(2) no one may import marijuana items into this state or export marijuana items from this state
(3) V(b): except as provided in paragraph (4)
(4) a violation of this statute is a:
(a) M(a): if the importation/exportation:
(A) isn't for consideration & the person holds a license issued under:
(B) concerns an amount of marijuana items that exceeds the applicable maximum amount specified in 475B.337 (unlawful possession by someone 21 or older) (1)(a) to (f).
(b) F(c): if the importation/exportation:
(A) Is for consideration and the person holds a license issued under: is for consideration & the person holds a license issued under:
(B) concerns an amount of marijuana items that exceeds sixteen (16) times the applicable maximum amount specified in 475B.337 (unlawful possession by someone 21 or older) (1)(a) to (f) OR
(C) concerns a cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under 475B.105|475B.105 (Retail license)
Prohibition against person under 21 possessing, attempting to purchase or purchasing marijuana item
ORS > Criminal Code > Marijuana > 475B.316
(1) V(b):
(a) anyone under 21 may not possess, attempt to purchase or purchase a marijuana item
(b) purchasing a marijuana item includes accepting a marijuana item, & possessing a marijuana item includes consuming a marijuana item, provided that the consumption of the marijuana item occurred no more than 24 hours before the determination that the person consumed the marijuana item
(2) V(b): Except as authorized by the Oregon Liquor Control Commission by rule, or as necessary in an emergency, a person under 21 may not enter or attempt to enter any portion of a premises that is posted or otherwise identified as being prohibited for the use of persons under 21 years of age.
(3)(b) V(a): the suspect possesses a marijuana item while operating a motor vehicle
(7) the prohibitions of this statute don't apply to someone under 21 who is acting under the direction of the commission or under the direction of state or local LEAs for the purpose of investigating possible violations of laws prohibiting sales of marijuana items to people who are under 21
(8) the prohibitions of this statute don't apply to someone under 21 who is acting under the direction of a licensee for the purpose of investigating possible violations by the licensee's employees of laws prohibiting sales of marijuana items to people who are under 21
(9)(a) anyone under 21 is not in violation of, & is immune from prosecution under this statute if:
(A) they contacted EMS or a LEA to obtain medical assistance for someone else who was in need of medical assistance because they had consumed a marijuana item & the evidence of violation of this statute was obtained as a result of the reporting party having contacted EMS of a LEA OR
(B) they were in need of medical assistance because they consumed a marijuana item and the evidence of violation of this statute was obtained as a result of them having sought or obtained the medical assistance.
(b) (a) doesn't exclude the use of evidence obtained as a result of a person's having sought medical assistance in the proceedings for other crimes or offenses besides this statute
Prohibition against producing identification that falsely indicates age
ORS > Criminal Code > Marijuana > 475B.321
(1) no one may produce any piece of identification that falsely indicates their age
(3) if a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a marijuana item to someone under 21, the licensee or licensee representative is not guilty of any offense prohibiting them from selling or serving a marijuana item to someone under 21 unless it's demonstrated that a reasonable person would have determined that the identification exhibited was altered, or didn't accurately describe the person to whom the marijuana item was sold or served
Prohibition against producing, processing or storing homemade cannabinoid extracts, industrial hemp extracts
ORS > Criminal Code > Marijuana > 475B.311
(1) a person other than a marijuana processor that holds a license issued under 475B.090 (Processor license) may not process cannabinoid extracts into a cannabinoid product
(2) A person may not produce, process or store homemade industrial hemp extracts
Prohibition against sale of certain marijuana items
ORS > Criminal Code > Marijuana > 475B.254
(1) for purposes of this statute:
(a) 'consumer' means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale
(b) 'marijuana item' includes industrial hemp products and commodities that contain more than 0.3 percent tetrahydrocannabinol.
(2) a person other than a marijuana retailer that holds a license issued under 475B.105 (Retail license) may not sell marijuana items to a consumer
Prohibition against selling or delivering marijuana items to persons under 21
ORS > Criminal Code > Marijuana > 475B.211
Prohibition against using marijuana item in public place
ORS > Criminal Code > Marijuana > 475B.381
(1) it's unlawful for any person to engage in the use of marijuana items in a public place
Protection for person obtaining assistance for cannabis-related overdose
ORS > Criminal Code > Marijuana > 475B.393
(1) as used in this statute, "cannabis-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention.
(2)(a) anyone who contacts EMS or a LEA to obtain medical assistance for someone else because of a cannabis-related overdose is immune from arrest or prosecution for violating 475B.337 (unlawful possession by someone 21 or older), 475B.341 (unlawful possession of marijuana by someone under 21) or 475B.376 (unlawful sale or delivery of marijuana paraphernalia) if the evidence of the offense was obtained because the person contacted EMS or LEA
(b) anyone who is in need of medical assistance because of a cannabis-related overdose is immune from arrest or prosecution for violating 475B.337 (unlawful possession by someone 21 or older), 475B.341 (unlawful possession of marijuana by someone under 21) or 475B.376 (unlawful sale or delivery of marijuana paraphernalia) if the evidence of the offense was obtained because someone contacted EMS or a LEA to obtain medical assistance for the victim
(3) a person may not be arrested for violating, or found to be in violation of, the conditions of the person's pretrial release, probation, post-prison supervision or parole if the violation involves:
(a) the possession or use of a marijuana item or frequenting a place where marijuana items are used AND
(b)(A) the evidence of the violation was obtained because the person contacted EMS or LEA to obtain medical assistance for someone who needed medical assistance due to a cannabis-related overdose OR
(B) the evidence of the violation was obtained because the person was in need of medical assistance due to a cannabis-related overdose and any person contacted EMS or LEA to obtain medical assistance for the person
(4)(a) no one may be arrested on an outstanding warrant for violating: 475B.337 (unlawful possession by someone 21 or older), 475B.341 (unlawful possession of marijuana by someone under 21) or 475B.376 (unlawful sale or delivery of marijuana paraphernalia), or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person's probation, post-prison supervision or parole for conduct that would constitute a violation of 475B.337 (unlawful possession by someone 21 or older), 475B.341 (unlawful possession of marijuana by someone under 21) or 475B.376 (unlawful sale or delivery of marijuana paraphernalia), if the person was located because:
(A) the person contacted EMS or a LEA to obtain medical assistance for another person who needed medical assistance due to a cannabis-related overdose OR
(B) the person was in need of medical assistance due to a cannabis-related overdose and any person contacted EMS or LEA to obtain medical assistance for the person
(b) this subsection does not apply to outstanding federal warrants or outstanding warrants issued from other states
(5) the immunity from arrest and prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than the offenses described in 475B.337 (unlawful possession by someone 21 or older), 475B.341 (unlawful possession of marijuana by someone under 21) & 475B.376 (unlawful sale or delivery of marijuana paraphernalia)
Providing or selling marijuana to someone visibly intoxicated or allowing someone under 21 to consume marijuana
ORS > Criminal Code > Marijuana > 475B.329
(1) no one may sell, give or otherwise make available a marijuana item to someone who is visibly intoxicated
(2)(a) anyone who exercises control over private real property may not knowingly allow someone under 21 to consume a marijuana item on the property, or allow someone else under 21 to remain on the property if that person consumes a marijuana item on the property
(b) paragraph (2)(a)):
(A) applies only to someone who is present and in control of the location at the time the consumption occurs AND
(B) doesn't apply to the owner of rental property, or the agent of an owner of rental property, unless the consumption occurs in the individual housing unit in which the owner or agent resides
Unlawful delivery of marijuana item
ORS > Criminal Code > Marijuana > 475B.346
(1) M(a): except for licensees & licensee representatives acting in accordance with or under any rule adopted by 475B.010 (Short title) to 475B.545 (Severability of 475B.010 to 475B.545) and except for someone acting within the scope of & in compliance with 475B.301 (applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery), it is unlawful for anyone to deliver a marijuana item:
(3) unlawful delivery of a marijuana item is:
(a) M(b): if someone 21 or older unlawfully delivers usable marijuana, for no consideration, to another person 21 or older, & the total amount of usable marijuana delivered is not more than twice the amount described in 475B.301 (applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery) (7).
(b) F(c): if:
(A) the deliver involves
(i) more than sixteen (16) times the applicable maximum amount specified in 475B.337 (unlawful possession by someone 21 or older) (1)(a), (c), (d), (e) or (f)
(ii) more than eight (8) pounds of usable marijuana in a public place OR
(iii) more than one-quarter (1/4) ounce of cannabinoid extract that wasn't purchased from a marijuana retailer that holds a license issued under 475B.105 (Retail license)
(B) the marijuana item is delivered to someone under 21, unless the person delivering the marijuana item is under 24 at the time of the delivery & delivers not more than one (1) ounce of usable marijuana, for no consideration, to a person who is 16 or older
Unlawful manufacture of marijuana item
ORS > Criminal Code > Marijuana > 475B.349
(1) M(a): except for licensees & licensee representatives acting in accordance with or under any rule adopted by 475B.010 (Short title) to 475B.545 (Severability of 475B.010 to 475B.545) and except for someone acting within the scope of & in compliance with 475B.301 (applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery), it is unlawful for anyone to manufacture a marijuana item:
(3) unlawful manufacture of a marijuana item is:
(a) M(b): if someone 21 or older unlawfully manufactures homegrown marijuana at a household and the total number of homegrown plants in the genus Cannabis within the plant family Cannabaceae at the household exceeds four plants but does not exceed eight plants
(b) F(c): if:
(A) anyone unlawfully manufactures marijuana & the total number of plants in the genus Cannabis within the plant family Cannabaceae exceeds 12 plants OR
(B) anyone unlawfully manufactures a cannabinoid product or a cannabinoid concentrate & the total amount of cannabinoid products or the total amount of cannabinoid concentrates exceeds twice the applicable maximum amount specified in 475B.337 (unlawful possession by someone 21 or older) (1)(d), (e) or (f)
(3) F(b): anyone unlawfully manufactures a cannabinoid extract
Unlawful possession by someone 21 or older
ORS > Criminal Code > Marijuana > 475B.337
(1) M(a): except for licensees & licensee representatives acting in accordance with or under any rule adopted by 475B.010 (Short title) to 475B.545 (Severability of 475B.010 to 475B.545), it is unlawful for anyone 21 or older to possess, knowingly or intentionally:
(a) an amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under 475B.301 (applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery)
(b) more than one (1) ounce of usable marijuana in a public place
(c) more than eight (8) ounces of usable marijuana
(d) more than sixteen (16) ounces of cannabinoid products in solid form or cannabinoid concentrates
(e) more than seventy-two (72) ounces of cannabinoid products in liquid form
(f) more than one (1) ounce of cannabinoid extracts
(g) a cannabinoid extract that was not purchased from a marijuana retailer holding a license issued under 475B.105 (Retail license)
(3) unlawful possession of a marijuana item is:
(a) V(b): if the amount possessed is not more than two (2) times the applicable maximum amount specified in (1)(a) to (f)
(b) M(b): if the amount possessed is more than two (2) but not more than four (4) times, the applicable maximum amount specified in (1)(a) to (f)
(c) F(c): if the amount possessed is:
(A) more than sixteen (16) times the applicable maximum amount specified in (1)(a), (c), (d), (e) or (f)
(B) more than eight (8) pounds of usable marijuana in a public place; or
(C) more than one-quarter (1/4) ounce of cannabinoid extract that was not purchased from a marijuana retailer that holding a license issued under 475B.105 (Retail license)
Unlawful possession of marijuana by someone under 21
ORS > Criminal Code > Marijuana > 475B.341
(1) M(a): except for licensees & licensee representatives acting in accordance with or under any rule adopted by 475B.010 (Short title) to 475B.545 (Severability of 475B.010 to 475B.545), it is unlawful for anyone under 21 to possess, knowingly or intentionally:
(a) an amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under 475B.301 (applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery)
(b) more than one (1) ounce of usable marijuana in a public place
(c) more than eight (8) ounces of usable marijuana
(d) more than sixteen (16) ounces of cannabinoid products in solid form or cannabinoid concentrates
(e) more than seventy-two (72) ounces of cannabinoid products in liquid form
(f) more than one (1) ounce of cannabinoid extracts
(g) a cannabinoid extract that was not purchased from a marijuana retailer holding a license issued under 475B.105 (Retail license)
(3) F(c): if the amount possessed is:
(a) more than sixteen (16) times the applicable maximum amount specified in (1)(a), (c), (d), (e) or (f)
(b) more than eight (8) pounds of usable marijuana in a public place OR
(c) more than one-quarter (1/4) ounce of cannabinoid extract that was not purchased from a marijuana retailer that holding a license issued under 475B.105 (Retail license)
Unlawful sale or delivery of marijuana paraphernalia
ORS > Criminal Code > Marijuana > 475B.376
(2) it's unlawful for anyone to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to someone under 21, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed
(4) subject to the provisions of ORS chapter 131A, & regardless of a violation of this section, the Oregon Liquor Control Commission may purchase, possess, seize or dispose of marijuana paraphernalia as is necessary for the commission to ensure compliance with and enforce this section & any rule adopted under this section
(5) in determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under 475.525 (sale of drug paraphernalia prohibited), a trier of fact in an administrative or judicial proceeding must consider, in addition to any other relevant factor, the following:
(a) any oral or written instruction provided with the object related to its use
(b) any descriptive material packaged with the object that explains or depicts its use
(c) any national or local advertising related to the object's use
(d) any proffered expert testimony related to the object's use
(e) the manner in which the object is displayed for sale, if applicable AND
(f) any other proffered evidence substantiating the object's intended use
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