It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
It is illegal in Oregon to manufacture, deliver, grow or cultivate
marijuana — or to possess any quantity. Knowingly maintaining
or visiting a place where people are using, storing or selling any
amount of marijuana is also illegal.
Oregon criminal law defines marijuana as all parts of the marijuana
plant, whether growing or not, the resin from any part of the plant,
and every compound, manufacture, salt, derivative, mixture or preparation
of the plant or its resin. This includes hashish and seeds that can
germinate. Mature stalks of the plant are not included in the definition.
Penalties for marijuana offenses depend on the amount of marijuana
involved and which acts are committed. Marijuana is measured in either
grams or ounces. There are 28 grams in an ounce.
Although Oregon has not legalized marijuana, possession of less than
one ounce of marijuana is punishable only by a fine of $500 up to a
maximum of $1000. Possession of less than one ounce of marijuana is
a violation, not a criminal conviction. However, if the possession
is within 1000 feet of a school, the possession of less than one ounce
is a Class C misdemeanor.
Possession of one ounce or more of marijuana is a Class B felony, punishable
by a maximum 10-year prison sentence and a $250,000 fine. If you are
convicted of possessing more than an ounce of marijuana, and you have
not been convicted of a drug offense before, you may ask for a “conditional
discharge.” This means the judge will place you on probation
for up to five years with the understanding that if you obey all the
terms and conditions of your probation, the charges will be dismissed
at the end of the probationary period. If the charges are dismissed,
you may truthfully say that you were never convicted of that charge.
Selling marijuana or even giving it away can have serious consequences.
The law is different between giving away marijuana and selling it.
Oregon law defines “delivery” as the “actual or attempted
transfer” of marijuana. The definition also includes possession
of marijuana with the intent to deliver it, whether or not there is
any consideration for the transfer. (“Consideration” is
any item of value, such as money.)
Delivery of less than five grams of marijuana for nothing in return
is a violation punishable by a fine of $500 up to a maximum of $1000.
Again, this is not considered a criminal conviction. Delivery of at
least five grams but less than one ounce, for nothing in return, is
a Class A misdemeanor punishable by a maximum of one year in jail and
a $,6250 fine.
If you sell even a very small amount of marijuana, it is a serious
felony. Delivery of any amount of marijuana for payment or other consideration
is a Class B felony punishable by a maximum sentence of 10 years in
prison and a $250,000 fine.
If you are over 17-years-old and deliver any amount of marijuana to
a minor who is at least three years younger than you (whether or not
you receive something for it), you have committed a Class A felony
punishable by a maximum sentence of 20 years and a $375,000 fine. There
also are stronger penalties for the delivery or possession of marijuana
within 1,000 feet of a school.
Manufacturing any amount of marijuana is a very serious offense. “Manufacturing” means
growing even one plant, or packaging, repackaging, labeling or relabeling
marijuana. Manufacturing marijuana is a Class A felony punishable by
a maximum sentence of 20 years in prison and a $375,000 fine.
Finally, knowingly maintaining, visiting or even staying at a place
where people are using, storing or selling marijuana is a Class A misdemeanor
punishable by up to a year in jail and a $6,250 fine. However, if the
amount of marijuana is one ounce or less, and it is just kept or used
on the premises, this offense is a violation punishable only by a fine.
The actual amount of time you may be sentenced for a felony offense
is determined by the Felony Sentencing Guidelines. These guidelines
consider the severity of the conduct and the person’s criminal
history.
In addition to fines and jail sentences, your driver’s license
could be suspended for delivery, manufacture or possession of any quantity
of marijuana. If you used a vehicle (car or boat) to transport or hide
any amount of marijuana over an ounce, the vehicle may be taken away.
Also, your property can be taken away if you know that it is being
used to store, sell or grow more than one ounce of marijuana. It also
may be taken away if you bought it from marijuana sales.
Although marijuana is illegal in Oregon, there are certain narrow exceptions
under what is commonly known as the Medical Marijuana Act. A person
who has a registry identification card issued by the Oregon Health
Division and that person’s designated caregiver may possess and
grow small amounts of marijuana for medicinal purposes. You may get
a registry identification card after completing the application process
with a licensed physician. If your attending physician has documented
in writing that you have been diagnosed with a debilitating medical
condition, and that the medical use of marijuana may ease the symptoms
or effects of that condition, you can apply for a registry identification
card. Possession of that card does not allow you or the caregiver to
drive while under the influence of marijuana, to use marijuana in public,
or to deliver any amount of marijuana for any consideration. If you
do not have a registry identification card, you may still have a defense
to criminal charges if you can prove that the marijuana is for medical
use, that you would qualify for a card, and that the amount of marijuana
involved was within the limits of the law. This is a very complex law,
and you should discuss it carefully with your doctor to determine if
it applies in your situation.
Legal Editor: The Hon. Steven A Todd, May 2008