Oregon

Navigating Oregon State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult-use retailers to find out where to purchase regulated cannabis in Oregon. 

Home cultivation is allowed in Oregon, for adults 21 and older. Four cannabis plants for personal use, whether recreational or medicinal. Caregivers may grow up to eight cannabis plants, but only six can mature at any time.

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Background on State Laws 

In 1998, the first medical cannabis movements were made in Oregon when the Oregon Medical Marijuana Act (OMMA) was approved. 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. Cannabis is legal to all adults over 21 in Oregon. Patients may cultivate up to 12 plants at home. Patients and caregivers may purchase from dispensaries. Patients have higher purchase limits, access to higher potency products, and are exempt from taxes on cannabis. Though cannabis is legal in Oregon, possession in public is limited to an ounce; patients may possess up to 24 ounces. No possession limit applies to individuals in a private setting. Oregon does not recognize out-of-state medical cannabis cards. Details on how these laws apply to patients and medical professionals can be found below.

Since legalizing marijuana in 2016, the state of Oregon has introduced a few processes for overturning and reducing previous cannabis-related convictions. The state set up a “set-aside process” for anyone under the age of 21 who was convicted of possession, delivery, or manufacture of cannabis, upon complying with their sentence. In 2019, Senate Bill 420 was signed by Governor Kate Brown, which establishes procedures to file a petition and have convictions set aside for anyone who has been found guilty of a low-level cannabis possession offense. Senate Bill 970 was then signed, prohibiting landlords from taking discriminatory action against anyone who uses medical cannabis or has cannabis-related convictions. “Senate Bill 420 and Senate Bill 975 expanded expungement eligibility, waived court filing fees, eliminated the need for a background check, and set up an easier online process.” Forms are available from the Oregon Judicial Branch.

Here is a breakdown of how Oregon fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Oregon can be found below. For policy updates sign up here or Take Action!

Patient Rights and Civil Protections	50/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 0/20 Explicit Privacy Standards 5/5
Access to Medicine	80/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 30/30 Reciprocity 5/20
Program Functionality	85/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 6/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 3/5 - Background Checks 2/2 - Number of Caregivers 1/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	45/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 0/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 5/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	58/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 10/10 List of Qualifying Conditions is Exhaustive or All Inclusive 8/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 5/5
Consumer Protection and Product Safety	84/200
Cultivation Operations 14/50 Quality Management Systems 0/10 Staff Training 5/10 Standard Operating Procedures 2/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 1/2 Required Testing 4/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 28/50 Quality Management Systems 5/10 Staff Training 10/10 Standard Operating Procedures 4/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 5/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 0/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 1/1 Packaging and Labeling 4/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 16/50 Staff Training 10/20 Standard Operating Procedures 1/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 26/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 0/4 Quality Management Systems 1/5 Staff Training 10/20 Standard Operating Procedures 1/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 0/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 4/4
Score Penalties	21/100
Gives Regulatory Preference to Adult Use 20/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 1/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.