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Oregon Cannabis Laws

Oregon has been a pioneer in cannabis legislation, with medical marijuana legalized in 1998 and recreational use approved in 2014 through Measure 91. The state operates a dual regulatory system: the Oregon Health Authority oversees medical marijuana, while the Oregon Liquor and Cannabis Commission manages adult-use marijuana. Key regulations include possession limits, packaging and labeling requirements, and stringent data privacy rules for consumers.

Every Dispensary Must Know

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Oregon Cannabis Laws at a Glance

Overview

Medical marijuana has been legal in Oregon since 1998, with recreational use approved in 2014 following the passage of Measure 91. This measure, known as the “Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act,” established a regulatory system for adults 21 years and older to purchase cannabis for personal use from licensed businesses. The Oregon Health Authority (OHA) oversees the medical marijuana program, while the Oregon Liquor and Cannabis Commission (OLCC) manages the adult-use program.

 Key regulations include possession limits, packaging and labeling requirements, and taxation. Recreational purchases are subject to a 17% state excise tax and a possible additional 3% local tax, while medical marijuana remains untaxed. These laws ensure a controlled and safe cannabis market in Oregon.

Packaging and Labeling

Law: 475B.605 Labeling requirements; rules.

The Oregon Liquor and Cannabis Commission (OLCC), in consultation with the Oregon Health Authority and the State Department of Agriculture, has established specific standards for the packaging and labeling of marijuana items to ensure public health and safety. These requirements include:

General Requirements:

  • Health and Safety Warnings: Labels must include warnings about potential health risks and safety concerns associated with cannabis use.
  • Activation Time: If applicable, labels must specify the activation time of the product.
  • Potency Information: Labels must clearly state the THC and CBD content.
  • Serving Size: For cannabinoid products and concentrates, labels must include the serving size and the number of servings per package.
  • Content Information: Detailed information about the contents of the marijuana item must be provided.

Specific Labeling Details:

  • Responsibility: Suppliers are responsible for packaging everything except bulk flower, which is packaged by the retailer when weighed at the store.
  • Approval: Custom labels must be approved by the OLCC before products are sold.
  • Definitions:
    • Packaging: The container itself.
    • Labeling: The information printed on the container.
  • Child-Resistant Containers: All containers must be child-resistant or placed in a child-resistant “exit bag.”
  • Principal Display Panel: Every label must have a principal display panel adhered parallel to the bottom of the container.
  • Flagging Labels: Information required to be displayed on the principal display panel cannot be on the flagged part of the label.

 

Explained:

  • Health and Safety Warnings: Labels must inform consumers about the health risks and safety precautions related to cannabis use.
  • Potency and Content: Accurate information on THC and CBD levels, along with serving sizes, ensures that consumers are aware of the strength and dosage of the product.
  • Compliance: Following these packaging and labeling requirements is crucial for compliance with Oregon’s cannabis regulations.

Medical Marijuana Program

Qualifying Conditions for Medical Marijuana

In Oregon, patients with specific medical conditions are eligible to obtain a medical marijuana card. The qualifying conditions include:

  1. Cancer
  2. Glaucoma
  3. A degenerative or pervasive neurological condition
  4. HIV/AIDS
  5. Post-traumatic stress disorder (PTSD)

Medical Conditions and Treatments Causing Symptoms:

  • Cachexia (wasting syndrome, typically caused by severe illnesses such as HIV or cancer)
  • Severe pain
  • Severe nausea
  • Seizures, including those caused by epilepsy
  • Persistent muscle spasms

Steps to Obtain a Medical Marijuana Card:

  1. Proof of Oregon Residency: Establish proof of residency with a license, passport, or a utility bill/bank statement.
  2. Physician Documentation: Obtain an Attending Physician’s Statement documenting your qualifying condition. An established doctor-patient relationship is required, often necessitating multiple visits.
  3. Complete the OMMP Application Form: Submit a valid, legal copy of a federal or state-issued photo ID that includes your date of birth and full name. Ensure all information and documentation are uploaded within 9 days of the application date.
  4. Receive Receipt Letter: Upon submission, if the Oregon Medical Marijuana Program (OMMP) considers the application complete, you will receive a receipt letter. This letter serves as a temporary medical marijuana card for up to 30 days, allowing you to purchase medical marijuana from licensed dispensaries while awaiting the official card.

Explained:

  • Proof of Residency and Documentation: Ensuring that only residents with legitimate medical needs can access medical marijuana.
  • Application Process: Designed to verify the eligibility and medical necessity of applicants, ensuring that patients receive the medication they need in compliance with state laws.

Purchase/Possession Limits

Medical Marijuana Purchase and Possession Limits:

  • Daily Limits:
    • 8 ounces of usable marijuana per day.
    • 16 ounces of a medical cannabinoid product in solid form.
    • 72 ounces of a medical cannabinoid product in liquid form.
    • 5 grams of cannabinoid extracts or concentrates.
    • 5 grams of cannabinoid concentrates intended for inhalation.
    • 4 immature marijuana plants.
    • 10 marijuana seeds.
  • Monthly Limits:
    • 32 ounces of usable marijuana per calendar month per patient.

Recreational Marijuana Purchase and Possession Limits:

  • Public Possession:
    • 1 ounce of usable cannabis (i.e., dried flower).
    • 5 grams of cannabis concentrates or extracts.
    • 16 ounces of cannabis edibles in solid form.
    • 72 ounces of cannabis products in liquid form.
    • 10 cannabis seeds.
    • 4 immature cannabis plants per household.
  • Private Possession:
    • Up to 8 ounces of usable cannabis (i.e., dried flower).
    • The limits for all other forms of cannabis remain the same as the public possession limits.

Gift Regulations: Adults aged 21 and older can gift recreational cannabis to other of-age adults, provided they do not exceed the possession limits and receive no financial compensation. Prohibited forms of financial compensation include:

  • Money
  • Goods and services
  • Tips
  • Cover charges
  • Admission fees
  • Donations
  • Raffles
  • Fundraisers
  • Sales

Federal and Tribal Land Regulations: Despite Oregon law, recreational marijuana remains illegal under federal law. Therefore, the right to possess recreational marijuana does not apply on federal or tribal lands within the state.

Explained:

  • Daily and Monthly Limits: Ensures that medical marijuana patients have sufficient access to their medication without promoting excessive use.
  • Recreational Limits: Set to balance personal use with public safety, preventing illegal distribution.
  • Gift Regulations: Designed to prevent the commercial exchange of cannabis outside licensed dispensaries.

Federal and Tribal Compliance: Reinforces that state laws do not supersede federal regulations, ensuring users are aware of where they can legally possess cannabis.

Delivery

Legal Reference: Law: 475B.065 Lawful production, delivery, and possession of marijuana items.

Key Points:

  • Eligibility:
    • Only OLCC licensed retailers or their representatives can deliver marijuana items.
    • Representatives include owners, directors, officers, managers, employees, agents, or any other individuals acting in a representative capacity for the licensee.
  • Registration Requirements:
    • Individuals delivering marijuana items on behalf of a retailer must be registered in the Cannabis Tracking System (CTS) as employees of the retailer.
    • They must possess a valid marijuana worker permit number and be declared on the required transport manifest recorded in CTS.
  • Delivery Restrictions:
    • Delivery is allowed only to residential addresses.
    • Deliveries cannot be made to any addresses on school grounds or any public property.
    • Deliveries must be made to the consumer’s home address as recorded in the CTS.
  • Documentation:
    • A transport manifest must be recorded in CTS before delivery. This document includes:
      • Time of delivery.
      • Name and identification number of the person receiving the delivery.
      • Address of the private residence.
      • Acknowledgment of receipt by the consumer.
      • Details about any unsuccessful delivery attempts and reasons for failure.
  • Delivery Process:
    • Delivery personnel must verify the recipient’s age and identification upon delivery.
    • Only adults 21 years and older can receive marijuana deliveries.
    • Retailers must refuse delivery if the recipient cannot prove their age and identity with acceptable documentation.
  • Consumer Confidentiality:
    • Retailers and their representatives must maintain the confidentiality of consumer personal identifying information and health care information.
    • Such information should not be disclosed to anyone outside of those who need it to process or deliver the order, or as required by law.

Explained: The delivery regulations in Oregon ensure that marijuana is delivered safely and securely to consumers while maintaining the integrity of the tracking system and protecting consumer privacy. Retailers must adhere to strict registration and documentation processes, including verifying the age and identity of the recipient and maintaining confidentiality.

Data Regulations

Legal Reference: Law: 475B.220 Identification for purchasing; restrictions on use of information.

Key Points:

  • Identification Requirements:
    • Consumers are only required to provide identification as described in ORS 475B.216. This includes valid government-issued IDs to verify age and identity for purchasing marijuana items.
    • If the consumer is a medical marijuana patient, a registry identification card is also required.
  • Data Collection Restrictions:
    • Marijuana retailers are prohibited from recording and retaining any information that could identify a consumer, except as necessary for delivery purposes.
    • Information that identifies consumers cannot be transferred to any other person or entity.
  • Consumer Consent:
    • Retailers may collect and retain consumer information for marketing purposes only if the consumer explicitly consents.
    • This information can be used to notify consumers about services, discounts, coupons, and other promotional content.
    • Even with consent, retailers cannot transfer this information to third parties.
  • Exceptions:
    • These regulations do not apply to de-identified information required by the Department of Revenue for tax purposes.
    • Compliance with these rules ensures consumer privacy and protects sensitive information from unauthorized access and misuse.

Explained: Oregon’s data regulations for cannabis transactions are designed to protect consumer privacy. Retailers cannot collect, retain, or transfer personal information without explicit consent from consumers, except for certain necessary transactions like deliveries. This ensures that consumers’ privacy is safeguarded, and their personal data is not misused for marketing or other purposes without their permission.

Tax Requirements

Statutory Law: Law: 475B.705 Imposition of tax on retail sale of marijuana items.

Key Points:

  1. Tax Imposition:
    • A direct tax is imposed on the retail sale of marijuana items in Oregon. This tax must be collected at the point of sale by the marijuana retailer.
  2. Tax Rates:
    • The tax rate is set at 17% of the retail sales price for various marijuana items including:
      • Usable marijuana
      • Immature marijuana plants
      • Cannabinoid edibles
      • Cannabinoid concentrates and extracts
      • Cannabinoid products intended for use on skin or hair
      • Other cannabinoid products
  3. Calculation of Tax:
    • If the tax does not equal a whole cent, it must be rounded up to the next higher whole cent.
  4. Display of Tax Amount:
    • The amount of the tax must be separately stated on an invoice, receipt, or similar document provided to the consumer at the time of sale.
  5. Prohibitions:
    • Retailers cannot knowingly use devices or software to hide or remove records of retail sales or falsify such records.
    • Retailers cannot discount marijuana items or offer them for free in conjunction with the sale of another item.

Explained: Oregon imposes a 17% excise tax on the sale of recreational marijuana items. This tax is applied directly to the consumer at the point of sale and must be clearly stated on sales receipts. Discounts and promotions that involve free marijuana items are restricted to ensure proper tax collection and compliance. The rules ensure transparency in transactions and prevent fraudulent practices in the marijuana retail market.

Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by UZIO for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of [18-Aug-2024]. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.

 

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