A brief summary of Oregon’s recreational cannabis laws

Oregon is rolling out a cannabis information campaign.
Oregon is rolling out a cannabis information campaign.

Oregon goes live with cannabis on July 1 per Measure 91. Click here for a link to a summary of the laws. Here is a short FAQ from the Oregon Liquor Control Board:

Q: When can I smoke/use recreational marijuana?
A: Starting July 1, 2015, Measure 91 allows Oregonians to grow up to four plants on their property, possess up to eight ounces of usable marijuana in their homes and up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public. Until then, current marijuana laws in Oregon remain in place. Measure 91 requires OLCC to begin accepting license applications by January 4, 2016 for commercial growers, processors, wholesalers and retailers.

Q: Where and when can I buy marijuana?
A: Marijuana will be available for purchase through retail stores licensed by the OLCC sometime in the third quarter of 2016.

Q: Where and when can I buy edibles and extracts?
A: The OLCC has made the decision to take extra time to make sure that it gets the availability of edibles and extracts right. They will eventually be available at retail outlets licensed by the OLCC, but probably not at the same time that the stores are expected to open in the third quarter of 2016.

Q: How much marijuana can I have?
A: Beginning July 1, 2015, recreational marijuana users can possess up to eight ounces of useable marijuana and four plants per residence in Oregon. An individual can carry up to one ounce in public, but smoking using marijuana in public is prohibited.

Q: What is meant by “useable” marijuana?
A: Useable marijuana refers to dried marijuana flowers or leaves. In other words, marijuana that is ready to smoke.

Q: Can I grow marijuana at home and when?
A: Yes, with limits. The act allows home grow of up to four plants per residence beginning July 1, 2015, regardless of how many people live in the residence. Four adults in one residence does not mean 16 plants. The limit is four per residence.

Q: Where can I obtain marijuana seeds or starts after July 1, 2015?
A: The OLCC can provide no guidance on that issue.

Q. Can a landlord tell tenants not to grow recreational marijuana or smoke it rental units?
A. Measure 91 does not affect existing landlord/tenant laws.

Q: What if an employer requires drug testing?
A: Measure 91 does not affect existing employment law. Employers who require drug testing can continue to do so.

Q: Can I smoke marijuana in a bar/restaurant?
A: No. Marijuana cannot be smoked or used in a public place.

Q: What is the definition of a public place?
A: Measure 91 defines a public place as “a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.”

Q: Who can smoke recreational marijuana? What is the minimum age?
A: As of July 1, 2015, anyone 21 years of age and old and consume recreational marijuana in Oregon. Marijuana use or possession of recreational marijuana by anyone under 21 years of age is illegal. That includes home consumption.

Q: Who will enforce recreational marijuana laws?
A: Enforcement of the home grow/personal possession provisions of Measure 91 will be at the discretion of local jurisdictions, the state police and possibly other law enforcement agencies. The OLCC is responsible for enforcement actions against businesses that the OLCC licenses to grow, process, wholesale and sell recreational marijuana and related products.

Q: How much will recreational marijuana cost?
A: The retail price of recreational marijuana will be determined through a competitive marketplace.

Q: Can Oregon recreational marijuana be taken to the state of Washington where it is also legal?
A: No. Taking marijuana across state lines is a federal offense.

Q: How will children be protected from recreational marijuana and marijuana products?
A: Measure 91 prohibits the sale of recreational marijuana to anyone under the age of 21. The act also gives OLCC authority to regulate or prohibit advertising. In writing the rules necessary to implement the new law, the OLCC may also regulate packages and labels to ensure public safety and prevent appeal to minors.

Q: Can I get a DUII while under the influence of marijuana?
A: Yes. Current laws for DUII have not changed. Driving under the influence of intoxicants (DUII) refers to operating a motor vehicle while intoxicated or drugged, including impairment from the use of marijuana. In addition, Measure 91 requires OLCC to examine, research and present a report to the Legislature on driving under the influence of marijuana. The OLCC will do this in conjunction with the Department of Justice Criminal Investigation Division and Oregon State Police.

Q: Can I lose my job for using marijuana?
A: Passage of measure 91 does not change existing employment law in Oregon.

Q: Where will marijuana stores be located?
A: Measure 91 does not address siting requirements. Where to locateLocation of commercial recreational marijuana businesses will be determined by legislative action, location local action or through the OLCC rule-making process. To keep up to date, click here.

Q: Who collects the tax on recreational marijuana?
A: Under the provisions of Measure 91, the OLCC is required to collect the tax on recreational marijuana at the grower level.

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