Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal and cultural events surrounding the use of cannabis (marijuana, hashish, THC, kief, etc.). Oregon was the first state to decriminalize the possession of small amounts of cannabis and authorize its use for medical purposes. An attempt to recriminalize the possession of small amounts of cannabis was turned down by Oregon voters in 1997.
From 1999 through 2005, the ratio of Oregonians using cannabis outpaced the general United States population by 32–45%. In surveys conducted in 1974 and 1975—one and two years after decriminalization—it was found that 2% of respondents said they did not use marijuana or cannabis because it was unavailable, 4% for legal or law enforcement reasons, 53% reported lack of interest, and 23% cited health dangers. The remaining 19% were using or had used it at one time.
Measure 91 was approved in 2014 by 56.1% of the vote, legalizing non-medical cultivation and uses of marijuana. It followed perennial and unsuccessful efforts to legalize marijuana by ballot initiative, including in 1986 and in 2012 which made it to the ballot, but voters rejected.
In 2015, Oregon Governor Kate Brown signed an emergency bill declaring marijuana sales legal to recreational users from dispensaries starting October 1, 2015. State officials began working on establishing a regulatory structure for sales of marijuana, and taxing of such sales, restructuring the existing Oregon Liquor Control Commission into the Oregon Liquor and Cannabis Commission (OLCC) to oversee it. Effective January 1, 2017, dispensaries were no longer permitted to sell cannabis for recreational use unless they applied for, and received, an OLCC license for such sales. During the one-month span from early December 2016 to early January 2017, the number of retailers licensed to sell recreational marijuana grew from 99 to 260, and hundreds more applications were received and being processed.
Cannabis culture
Usage According to the Drug Enforcement Administration (DEA), cannabis is readily available in Oregon. According to a 2006 report by the Substance Abuse and Mental Health Services Administration, in 2003–2004, Oregon ranked in the top fifth of states for cannabis usage in three age categories: 12 to 17, 18 to 25, and 26 and older. In 2005, while most states that had passed medical marijuana bills over the past decade saw marijuana use among teenagers decline faster than the national average (a 43% decrease), Oregon, Nevada, and Maine saw smaller decreases than the average.
The Substance Abuse and Mental Health Services Administration estimates and publishes the number of people to have used cannabis in the previous 30 days, as compiled by the Oregon chapter of the National Organization for the Reform of Marijuana Laws (NORML): Year Recent Oregonusers Recent U.S.users Oregon vs. U.S.recent users 1999 6.60% 4.7% +40% 2000 6.53% 4.8% +36% 2001 7.19% 5.4% +33% 2002 8.96% 6.2% +45% 2003 8.88% 6.2% +43% 2004 8.03% 6.1% +32% 2005 8.36% 6.0% +38%
Cultivation
Large indoor and outdoor growing operations have been discovered on private, state, and forest lands, with plants numbering in thousands. Allegedly, large outdoor growing operations run by Mexican cartels drug trafficking were assumed to be operating in remote locations. Highly potent cannabis grown in Oregon is consumed locally, and distributed to other parts of the U.S.
In 1988, due to the success of the DEA's Campaign against Marijuana Planting in California, Oregon rivaled California nationally in cannabis production. In the 1990s, Oregon was a national leader in indoor cannabis cultivation, along with California, Washington, Kentucky and South Florida. For the decade ending in 1991, the DEA considered Oregon the "nation's cradle of indoor marijuana growing." In 2006, Oregon was the fourth largest indoor cannabis producing state, and the tenth largest cannabis producing state overall.
In Oregon, medical cannabis patients are allowed to grow up to six mature plants and 12 non-flowering plants in their residences. Designated growers in Oregon can cultivate up to six mature plants, 12 immature plants that are 24 inches or taller, and 36 immature plants below 24 inches for each patient they are responsible for. However, designated growers must acquire a marijuana grow site registration card for each patient. It's important to note that individuals with multiple convictions of Class A or Class B felonies are prohibited from growing marijuana in Oregon, as stated in Section 475C.792 of the Oregon Medical Marijuana Act.
Events and attitudes
According to Nick Budnick of the Willamette Week, medical marijuana has "helped legitimize pot culture in Oregon." In 2005, Multnomah County Circuit Judge Doug Beckman said "I think there's a broader social acceptance for users of marijuana. And gradually there's increasing public pressure, I think, to decriminalize marijuana."
In 2007, nearly 20,000 people attended the third annual Hempstalk Festival at Sellwood Riverfront Park in Portland, Oregon. While organizers insisted smoking would not be tolerated, the smell of marijuana lingered in the air and some festival goers chose to consume various forms of cannabis foods. No festival attendees were arrested.
The first International Cannabis Business Conference (ICBC) took place in Portland, on September 13 and 14, 2014, at the Oregon Convention Center. The conference brought together entrepreneurs, professionals and advocates from across the globe, with the goal to further mainstream the global cannabis industry. The ICBC is a collaboration between veteran activists Anthony Johnson, Alex Rogers and Debby Goldsberry. Johnson has served as chief petitioner of statewide cannabis reforms and is currently Director of the Oregon Cannabis Industry Association; Rogers is CEO of Northwest Alternative Health and lead producer of the Oregon Medical Marijuana Business Conference; Goldsberry is a co-founder of the Berkeley Patients Group and serves as an ambassador for Magnolia Wellness. The ICBC further cements Portland as a prominent locale for cannabis activism.
Legal history
Prohibition Amidst a nationwide trend of cannabis prohibition, the State of Oregon outlawed cannabis in 1923. In 1935, the State of Oregon passed the Uniform State Narcotic Drug Act, bringing Oregon's laws regarding cannabis in line with the majority of states.
Decriminalization
In 1973, Oregon became the first state to decriminalize cannabis. Possession of 28.35 grams (1 ounce) or less is a violation (not a crime) punishable by a $500 to $1,000 fine; stricter punishments exist for sale or cultivation. Possession of 1 ounce to 110 grams is a class B felony punishable by 10 years in prison, and possession of more than 110 grams is a felony with punishment depending on the defendant's prior record.
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 was 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, was a Class B felony until July 3, 2013, at which point it became a Class B misdemeanor. 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 intoxicants are punishable offenses.
Intentionally growing even one marijuana plant (Unlawful manufacture of marijuana), was a Class A felony in Oregon (ORS 475.856, 475.858) until July 1, 2015. Selling or giving away marijuana was an offense (Unlawful delivery of marijuana) that varied in severity and penalty depending on the amount of marijuana involved in the transaction, whether or not consideration was 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 was only a violation, punishable by a fine of $500 to $1000. However, if greater amounts of marijuana were involved, if any payment at all were involved, if delivery was by an adult to a minor, and/or if delivery occurred within 1000 feet of a school (even if both parties are adults), the severity of the offense ranged from Class C misdemeanor to Class A felony with increasing penalties.
In 1986, Oregon's Ballot Measure 5 sought to legalize cannabis. The Oregon Marijuana Initiative spent about $50,000 promoting the proposition, and collected the 87,000 signatures necessary to place it on the ballot. In 1986, by some estimates, cannabis was Oregon's largest cash crop, estimated in 1985 at between $1 billion and $1.15 billion. The ballot measure was rejected by Oregon voters with 279,479 "Yes" and 781,922 "No" votes, or 26.33% support.
In 1995, Oregon House Bill 3466, which would have recriminalized marijuana in Oregon, died. According to bill sponsor Jerry Grisham (R–Beavercreek), HB 3466 was meant to counter a circulating initiative petition called The Oregon Cannabis Tax Act of 1997, which would have allowed state liquor stores to sell marijuana and permitted hemp production for paper, fabric, oil, and protein. Taxes on these products would go to schools to replace funding allegedly lost by Measure 5. The petition was sponsored by a political action committee named Pay for Schools by Regulating Cannabis. Cannabis activists Paul Stanford and Chris Iverson were the chief petitioners for the Oregon Cannabis Tax Act of 1997.
HB 3466 would have increased penalties for possession of under an ounce of marijuana from an infraction (traffic ticket-like offense) to a Class A misdemeanor, the worst non-felony offense, with a fine of $100 to $1,000 per gram, up to a maximum of $5,000. The bill also would have created a new crime—being under the influence of marijuana—punishable by a fine of up to $5,000. The bill would have passed according to the positions of state senators, but was blocked on a technical basis which prevented it from coming to the floor the same day it was read—which allows public input—unless overridden by a vote.
In 1997, the Oregon Legislature passed House Bill 3643, making the possession of less than an ounce of marijuana a Class C misdemeanor, (Registration required) which added a possible jail sentence of up to 30 days. According to Eric Schlosser of Rolling Stone, John Kitzhaber, then Oregon's governor, signed the bill because he did not want to appear soft on crime. Activists opposing HB 3643 collected twice as many signatures as were required to force a referendum on the bill. John Sperling, Peter Lewis, and George Soros were the principal financial backers of the referendum signature drive. Measure 57, which would have upheld HB 3643, was turned down by a margin of 2–1.
The Oregonians For Cannabis Reform 2010 hoped to make cannabis products legal and available in a retail environment by enacting the Oregon Cannabis Tax Act of 2010 (OCTA), but the effort failed to collect the minimum 83,000 signatures by the July 2 deadline to qualify for the 2010 ballot.