Oregon

Medical Marijuana

Medical Marijuana Program

Or. Rev. Stat. §§ 475B.400 to 475B.525

2015 Act No. 844
Medical Marijuana
EFFECTIVE DATE: August 12, 2015

2015 Act No. 784
Medical Marijuana
EFFECTIVE DATE: July 27, 2015

2014 Act No. 79
Medical Marijuana
EFFECTIVE DATE: March 19, 2014

2007 Act No. 573
Medical Marijuana
EFFECTIVE DATE: January 1, 2008

2005 Act No. 822
Medical Marijuana
EFFECTIVE DATE: January 1, 2006

1999 Act No. 825
Medical Marijuana
EFFECTIVE DATE: July 21, 1999

1998 Measure 67
Medical Marijuana
EFFECTIVE DATE: December 3, 1998

ORS 475B: Cannabis Regulation / Oregon Medical Marijuana Act

Oregon Health Authority, Public Health Division — Administrative Rules

475B.020 Construction of ORS 475B.010 to 475B.395. ORS 475B.010 to 475B.395 may not be construed:

(5) To require a person to violate a federal law;

(6) To exempt a person from a federal law or obstruct the enforcement of a federal law;

Federal Legal Information

The guidance from the U.S. Department of Justice (USDOJ) does not make the use of medical marijuana legal under federal law, and does not create a defense to a federal prosecution for a drug related offense.

On August 29, 2013, the USDOJ announced an update to its federal marijuana enforcement policy in light of recent state ballot initiatives that legalize, under state law, the possession of small amounts of marijuana and provide for the regulation of marijuana production, processing and sale.

• Download the USDOJ memo

The guidance makes clear that marijuana remains an illegal drug under the Controlled Substances Act and that federal prosecutors will continue to aggressively enforce this statute. To this end, the Department identifies eight enforcement areas that federal prosecutors should prioritize.

Here are the federal penalties for marijuana plants:

Legalization

2019 SB582
Agreement with Another State
EFFECTIVE DATE: June 25, 2019

Or. Rev. Stat. §§ 475B.005 to 475B.399

2015 Act No. 699
Control, Regulation, and Taxation of Marijuana and Industrial Hemp
EFFECTIVE DATE: October 5, 2015

2015 Act No. 614
Control, Regulation, and Taxation of Marijuana and Industrial Hemp
EFFECTIVE DATE: June 30, 2015

2014 Measure 91
Control, Regulation, and Taxation of Marijuana and Industrial Hemp
EFFECTIVE DATE: November 4, 2014

Industrial Hemp

Or. Rev. Stat §§ 571.300 to 571.315 (2017)

Allows individuals registered by the Oregon Department of Agriculture to grow hemp for commercial purposes.
Growers and handlers who intend to sell or distribute seeds must be licensed as seed producers.

2015 Act No. 503
Industrial Hemp
EFFECTIVE DATE: January 1, 2016

2009 Act No. 897
Industrial Hemp
EFFECTIVE DATE: January 1, 2010

Oregon follows federal scheduling, unless the pharmacy board makes a different decision regarding a specific substance

Oregon Attorney General Opinion - January 19, 2012

Oregon Board of Pharmacy explains reclassification of marijuana on June 29, 2010

Because Or. Rev. Stat. § 475.035 antedates the Federal Controlled Substances Act, 21 USC §§ 811 to 812, Or. Rev. Stat. § 475.005(6) and Or. Rev. Stat. § 475.035 show a legislative policy to apply different criteria from those of the federal act when classifying controlled substances; Oregon has not chosen to include medical use as a factor. State v. Eells, 72 Or. App. 492, 696 P.2d 564 (1985), review denied by 299 Ore. 313, 702 P.2d 1110 (1985).

Although Or. Rev. Stat. § 475.005(6) states that a controlled substance is defined by reference to the schedules under the Federal Controlled Substances Act, 21 USC §§ 811 to 812, the statute does not adopt the federal criteria, as Oregon has its own standards for amendment of the schedule, as set out in Or. Rev. Stat. § 475.035. State v. Eells, 72 Or. App. 492, 696 P.2d 564 (1985), review denied by 299 Ore. 313, 702 P.2d 1110 (1985).

History

1977 Act No. 745
Uniform Controlled Substances Act
EFFECTIVE DATE: July 1, 1978

Resources

Page last updated on January 22, 2018