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oregon marijuana growing laws

Beginning Oct. 1, 2015, adults 21 years or older will be able to purchase up to one-quarter ounce (7 grams) of marijuana, immature (nonflowering) plants, and seeds from medical marijuana dispensaries. These purchases will be tax free until Jan. 1, 2016, and then be taxed at a rate of 25 percent until that law ends on Dec. 31, 2016. It is anticipated that adult use dispensaries will be up and running by then.

Personal Use

1. Even though the rules and limits described above are state laws, the legislature, for the first time since the end of alcohol prohibition, has allowed cities and counties to opt out of some of these statewide laws. The laws concerning adult use and cultivation, processing and retail sales, as well as medical processing and medical dispensaries can be banned. How? In counties where 55 percent of the people voted against Measure 91 (all counties east of the Cascades, except for Deschutes and Wasco Counties), if a city or county bans state-licensed marijuana businesses by Dec. 31, 2015, then the people would have to collect signatures and have an initiative election in November 2016. In counties where less than 55 percent voted against Measure 91, the ban is automatically referred to the people for a vote in November 2016.

Industrial Hemp

Effective Jan. 4, 2016, the Oregon Liquor Control Commission (OLCC) must accept applications for four kinds of commercial adult use licenses: Production, Processing, Wholesale and Retail. A person or business entity will be able to hold all four licenses or choose to hold less than all four types. Note that medical marijuana growers, by participating in the OLCC production rules, will become able to distribute marijuana to OLCC-licensed retail outlets. The Legislature imposed a 2-year residency requirement for applicants, which will be in effect until Jan. 1, 2020.

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent to sell paraphernalia is subject to a civil penalty of $2,000 to $10,000.

There is no fine or penalty for possession of 16 ounces or less of solid infused cannabinoid products, 72 ounces or less of liquid infused cannabinoid products and 1 ounce or less of cannabinoid extracts at home.

Delivery of any amount marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000.

Commercial drug offense

Diversion: The courts may defer the proceedings for first time possession offenders and place them on probation. If the individual violates the terms of his/her probation, the courts will terminate the probation and find the defendant guilty. Upon successful completion of probation, courts will dismiss the case.

Manufacture of marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.

Criminal

A conviction for possession of one ounce or more, delivery, or cultivation of marijuana results in an automatic 6 month suspension of driving privileges, unless the court finds compelling reasons not to suspend the driving privileges.

Possession of more than 4 ounces – 8 pounds of marijuana is a class A misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.