Legality
Cannabis and marijuana were completely legal in Oregon until 1935, when the state passed the Uniform State Narcotic Drug Act. The legislative record contains no mention of those substances causing any problems, but they were simply included as part of the package. The Oregon Decriminalization Bill of 1973 abolished criminal penalties for possession of small amounts of marijuana. As a result, possession of up to an ounce of marijuana in Oregon today is a violation (not a crime), punishable only by a fine of $500 to $1000. There is one exception, however, which is: if possession of such an amount occurs in a public place within 1000 feet of a school attended by minors, the person committing the offense is guilty of a Class C misdemeanor instead. Possession of more than one ounce, no matter the proximity to a school, is a Class B felony. The actual use of marijuana in private, and being under the influence of marijuana, are not punishable offenses under Oregon law. However, public use, and also driving under the influence of marijuana, are punishable offenses.
Intentionally growing even one marijuana plant (Unlawful manufacture of marijuana), is a Class A felony in Oregon (ORS 475.856, 475.858). Selling or giving away marijuana is an offense (Unlawful delivery of marijuana) that varies in severity and penalty depending on the amount of marijuana involved in the transaction, whether or not consideration is involved, the relative ages of the people involved, and the proximity of the transaction to nearby schools attended by minors (ORS 475.860, 475.862). Giving away five grams (approx. 0.18oz) of marijuana or less by an adult to another adult for no payment at a location at least 1000 feet from the closest school is only a violation, punishable by a fine of $500 to $1000. However, if greater amounts of marijuana are involved, if any payment at all is involved, if delivery is by an adult to a minor, and/or if delivery occurs within 1000 feet of a school (even if both parties are adults), the severity of the offense can range from Class C misdemeanor to Class A felony with increasing penalties.
The preceding convictions and penalties apply to any person, minor or adult, Oregon resident or otherwise, when the offense occurs within the state of Oregon. However, Oregon marijuana law is further complicated due to the existence of Oregon's medical marijuana program. The Oregon Medical Marijuana Program allows individuals with a medical history of one or more qualifying illnesses and a doctor's recommendation to apply for registration with the program. Accepted applicants are issued a Medical Marijuana Card, which entitles them to different treatment under the law. Essentially, medical marijuana patients are allowed to possess, without fear of citation, arrest, or penalty, up to 1.5 pounds of marijuana at a time. Possession of a greater amount, however, does become punishable by law. In addition to legal possession, cardholders may also legally grow, without fear of citation, arrest, or penalty, up to 18 immature cannabis plants and 6 mature ones at a single time. Cardholders are also allowed to designate a primary caregiver and a grower of their choice, if so inclined. These people enjoy the same freedoms, in regard to possession, as the cardholder as long as they remain officially registered. The above limits of legal possession apply to the total combined property of the cardholder, caregiver, and grower. If a grower is growing plants for more than one cardholder, he or she may possess up to 18 immature plants per cardholder. A grower may not grow plants for more than four cardholders at a time. Also, in addition to legal possession and manufacture as outlined above, cardholders, caregivers, and growers may legally deliver marijuana to each other, and to other cardholders, so long as the delivery is made without consideration. The privileges which normally protect cardholders, caregivers, and growers from citation, arrest, and penalty do not excuse possession, manufacture, or delivery in cases where they are simultaneously guilty of certain offenses listed in ORS 475.316, such as driving under the influence of marijuana or using marijuana in public.
In June 2010, the Oregon Board of Pharmacy reclassified marijuana from a Schedule I drug to a Schedule II drug. According to a press release from the board, "The Board of Pharmacy’s action to reschedule marijuana on the state list does not supersede federal law or create a direct conflict with federal law. It simply does not address federal law," and, "Marijuana or products containing any amount of marijuana will not be available by prescription in Oregon unless they have been approved by the FDA." News reports noted that this reclassification makes Oregon the "first state in the nation to make marijuana anything less serious than a Schedule I drug." (See also Removal of cannabis from Schedule I of the Controlled Substances Act)
A ballot measure of the November 2010 election would have established a state licensing system for marijuana producers and dispensaries, allowed the sale of marijuana from the dispensaries to medical marijuana patients, provide low income assistance for those patients, and set up a research program to evaluate the effects of the new law. It was defeated with 43.85% support and 56.15% opposition.
The Oregon Cannabis Tax Act is another recent citizens' initiative. It qualified for the November 2012 state ballot, with the petition having 88,887 valid signatures. If approved, it would have legalized marijuana for recreational adult use, regulate and tax the cultivation and sale of marijuana, and legalize the production, use, and sale of hemp. It appeared as Measure 80 on the ballot, but was defeated 55%-45%.
Read more about this topic: Cannabis In Oregon