Oregon Legal Information
In 1998, Oregon voters approved the Oregon Medical Marijuana Act (OMMA), allowing a patient with a valid ID card to use, possess, and cultivate cannabis for medicinal purposes, and designate a primary caregiver to assist them. Qualifying patients may possess up to 24 ounces of usable cannabis and may cultivate up to 18 plants (6 mature, 12 immature). To be protected from arrest, patients must enroll in the Oregon Health Authority patient registry and possess a valid Oregon Medical Marijuana Program (OMMP) identification card. Non-registered patients with a valid recommendation who are within the possession or cultivation limits set by the OMMA are entitled to an affirmative defense.
In August 2013, HB 3460 established regulations for state-licensed medical cannabis facilities. In March 2014, SB 1531 granted cities and counties the right to pass moratoriums on the opening of medical marijuana facilities until May 1, 2015. There are currently over 300 state licensed dispensaries serving patients.
In 2014, Oregon voters approved Ballot Measure 91 that allowed for the recreational sale and use of cannabis.
In 2015, HB 3400 changed residency requirements for growers; SB 460 allowed dispensaries to temporarily serve the new legal adult-use cannabis market before the official opening of adult-use retail distribution; SB 844 developed a task for to evaluate medical and public health effects of cannabis.
In 2016, the legislature passed HB 4014 allowing out-of-state ownership/investment in medical cannabis businesses, SB 1524 to reduce paperwork requirements for veterans, and SB 1598 to recognize medical and research marijuana as farm crops.
The 2017 Legislative Session brought several changes to Oregon's medical cannabis program. Oversight of producers was shifted to the Oregon Liquor Control Commission, requiring seed to sale tracking to prevent diversion SB 1057. 1057 also limited the number of immature plants a cardholder could have reducing it to 12 from 18, unless the address is a registered grow site. HB 2198 Established the Oregon Cannabis Commission to review the OMMP. This bill allowed a medical grow site to transport up to 20 pounds of cannabis a year to a recreational wholesaler.
In This Section
State v. Luster (2015), State v. Ellis (2013), State v. Berringer (2010) and Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries (2010).
A patient may designate one caregiver and one grower when the patient registers for the program.
The Oregon Medical Marijuana Act (OMMA) was passed by Oregon voters on November 3, 1998, and went into effect on December 3, 1998.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.
A patient with a valid ID card may use marijuana for medicinal purposes and the patient can designate a primary caregiver to help them with their medicine. Patients may possess "paraphernalia" such as pipes, water pipes, vaporizers, in order to use their medicine. Patients must enroll in the state patient registry and possess a valid identification card in order to be legally protected.
Medical professionals recommending medical cannabis must be a doctor of medicine (MD) or doctor of osteopathy (DO) licensed to practice medicine in Oregon that has a valid license to practice medicine in Oregon and has no disqualifying restrictions. Naturopaths, chiropractors and nurse practitioners cannot write recommendations.