What are the Marijuana laws in Oregon?
Oregon is often at the fore front of progressive issues, so it is no surprise that they have relatively lax laws on marijuana possession (decriminalized), and have legalized medical marijuana. What may be surprising to you, however, is that Oregon's laws on cultivating or selling marijuana have a zero-tolerance approach and carry extremely severe punishments. What are the Marijuana Possession Laws in Oregon?Possession of small amounts of marijuana (less than an ounce) is decriminalized in Oregon, which means its basically like getting a traffic ticket (a very expensive traffic ticket; the fine ranges from $500 - $1,000). However, Oregon also allows conditional releases, so a first time offender will almost certainly receive a short term probation (indeed, it is unlikely you will be arrested for this minor possession in the first place). A gift of a small amount (under 5 grams) also receives this same kid-glove treatment (a gift of more than 5 grams but still less than an ounce has a maximum 1 year in jail term with a $5,000 fee, but both are at a judges discretion).
Those limits on weight are very strictly enforced, however, and with good reason. Possessing more than an ounce of marijuana is a serious felony, and the sentence shoots up to 10 years in a state prison, with a $100,000 fine (the judge can sometimes allow probation, depending on the circumstance). Possession of more than 110 grams (3.88 oz) will be considered a commercial drug offense (i.e. you are assumed to be in the drug dealing business), and the penalties become substantially greater, depending on your prior record (probably at least 10 years). What About Selling Marijuana?Even harsher. The sale of ANY amount of marijuana, even a single marijuana cigarette, is a felony punishable by 10 years in prison and a $200,000 fine. If the marijuana is sold to a minor 3 years younger than you, or the deal takes place within 1,000 yards of a school, the penalty doubles to 20 years.
Majijuana cultivation is also strictly outlawed. Growing a single plant of marijuana is a 20-year felony, with a $300,000 fine. What's more, none of the sale/cultivation laws allow for a conditional discharge (i.e. the judge cannot give you an an alternate sentence like drug rehab or community service). But Doesn't Oregon Have a Medical Marijuana Provision?It does, but the amounts allowed are so small as to be decriminalized anyway. That is, you are allowed to possess up to one ounce for medical purposes (if you are registered with the state and have proper medical documentation). But normal citizens can possess up to one ounce as well, without being arrested. All the medical marijuana law does is prevent you from paying the fine that such possession would normally come with (and the six month drivers license suspension). However, the law also allows the cultivation of up to three plants for medical purposes, so if you have a valid registration card, medical marijuana is a valid defense against the (otherwise extremely serious) crime of cultivation.
Regardless of Oregon's laws, it is important to realize that medical marijuana is still not recognized by federal law, so even if your home state allows medical marijuana, federal agents (like the DEA) can arrest you at any time and sentence you for marijuana possession under federal guidelines. Do I Need a Lawyer?If you have been arrested in Oregon for a marijuana crime, or have a legal prescription to Oregon and are thinking of going in state, it is very important to contact a criminal law attorney immediately. The laws in Oregon range from literally a minor ticket to 10 years in jail, for very minute differences in actual marijuana possession so having an up to date lawyer with the facts and advice you'll need can be the difference between a minor hassle and a prison sentence. |
