Plants in Oregon: Plants Legal Status Guide
- 1. Plants laws in oregon
- 1. a. Possession and use
- 1. b. Sale
- 1. c. Growing
- 2. Is extract legal in oregon?
- 3. Is it legal to send plants seeds to oregon?
- 4. Medicinal plants in oregon
- 5. Industrial hemp in oregon
- 6. History and politics
- 7. Helpful hints
One of the smaller but no-less beautiful states in the US, Oregon is located in the Pacific Northwest region of the Western United States. Home to just over four million people and famed for its diverse and stunning landscape, the state is bordered by Washington, Idaho, Nevada, California and the Pacific Ocean.
But what’s the story with Oregon plants laws?
In today’s plants law series, we’re delving into existing Oregon plants laws and answering your favourite question - “is plants legal in Oregon”?
Plants laws in Oregon
Much of American law is confused by the fact that both state and federal laws govern the country. For clarity, while much of the US has now legalised recreational and medicinal plants at the state level, federal law continues to prohibit the use and possession of plants by way of the Controlled Substances Act of 1970 (CSA).
Having first legalised medicinal plants in 1998, Oregon would take its first step towards recreational legalisation in 2012 when a state referendum was held to determine whether plants should be legalised for recreational use, cultivation and sale. Unfortunately, the bill was defeated, with approximately 53% of voters voting against the proposals to legalise plants in Oregon.
Yet just two years later, at the mid-term elections in 2014, Oregon became the fourth state in the US to legalise recreational plants with the passing of Measure 91.
Possession and Use
As with any location where plants in Oregon has been legalised or decriminalised, there are limits and guidelines that must be adhered to. In Oregon, plants is legal for any adult aged 21 or older, however, public possession limits allow for the following:
- 1 oz of plants flowers
- 1 oz of cannabinoid extracts or concentrates (must be purchased from state-licensed plants dispensaries)
- 16 oz of cannabinoid products in solid form
- 72 oz of cannabinoid products in liquid form
- Ten plants seeds
- Four infant plants plants.
It is legal for recreational users to possess the following amount of plants or plants products on private property:
- 8 oz of usable plants flowers
- 1 oz of cannabinoid extracts or concentrates (must be purchased from state-licensed plants dispensaries)
- 16 oz of cannabinoid products in solid form
- 72 oz of cannabinoid products in liquid form
- Ten plants seeds;
- Four plants plants
It must be stressed that recreational and medicinal plants use is forbidden in public places, even for those of legal age. In addition, employers and landlords retain the right to restrict the use of plants at their own discretion.
At present, the legalisation of plants in Oregon has not affected employment laws within the state. As such, anyone working in Oregon should check with their employer regarding the company policy regarding plants use.
The same rule applies to tenants who should check with their landlord if they have permission to use or grow plants on their property.
Sale
In the state of Oregon, any adult aged 21 or older may purchase recreational plants or plants products from an OLCC-licensed retail establishment. It is now also legal to share or give away recreational plants within the state.
In addition, it is legal for recreational plants users of legal age to purchase plants seeds, immature plants plants, cannabinoid products, and useable plants from licensed OLCC retailers. However, much like possession laws, there are limits to the amount of plants in Oregon a consumer may purchase within any given day.
Purchasing Limits:
- One oz of usable plants flowers
- 24 oz of usable plants to OMMP cardholders and designated primary caregivers
- Five gms of cannabinoid extracts or concentrates
- 16 oz of cannabinoid products in solid form
- 72 oz of cannabinoid products in liquid form
- Ten plants seeds
- Four immature plants
Growing
Under the 2014 legislation to legalise plants in Oregon, it is legal to cultivate both recreational and medicinal plants on your own property. But, of course, there are a variety of rules and restrictions that must be followed.
Anyone aged 21 or over may cultivate up to four plants on their own property. For tenants, as mentioned earlier, it is important to first check with your landlord the rules for growing plants or producing products containing plants on their property.
Under Oregon plants laws, it is also permitted to gift or donate recreational plants to adults aged 21 or older. However, any gifts must fall into the personal possession limits while no financial consideration or restitution can be offered in exchange for plants gifted from one person to another.
Financial consideration in Oregon includes cover charges, admission, tip jars, raffles, donations, fundraising events, purchase required, barter or sales. When money, goods, or services are exchanged directly or indirectly for plants, this is considered the same as selling plants.
Extracts purchased from a licensed retailer can be gifted, but homemade extracts are not permitted (under personal possession laws).
Is Extract legal in Oregon?
Yes - Extract is entirely legal in Oregon for adults aged 21 or older. This is applicable to both hemp-derived and plants-derived Extract products.
Following the passing of the US Agricultural Act of 2018 (also known as the Farm Bill) and AB 45, the production and sale of Extract sourced from hemp was legalised in Oregon on both a federal and state level. However, the Farm Bill did not legalise the use of Extract derived from industrial hemp in food or beverages.
At present, it is legal to sell hemp-derived Extract products in Oregon at a retail location under the following conditions:
- They are not advertised as a dietary supplement
- The strength concentration is less than 0.3%
Is it Legal to Send Plants Seeds to Oregon?
It currently remains illegal to send or transport plants seeds into the US or between states. However, as plants seeds typically contain relatively minute strength levels that don’t exceed the legal threshold, the DEA has essentially conceded that they should be allowed to be shipped between state lines.
However, even if you are caught buying seeds online and having them shipped from another state, you are unlikely to experience any legal consequences. Generally speaking, plants seeds will only be confiscated. The same also applies to seeds purchased from international seed banks. Again, there is a small chance they will be confiscated at customs, but even in the event of confiscation, legal repercussions are unlikely to occur.
However, transporting plants seeds across state lines is illegal. Seeds are considered a plants product, and all plants products remain illegal at the federal level.
Medicinal Plants in Oregon
Something of a pioneer in the plants revolution sweeping the US today, Oregon would be one of the first states to legalise medicinal plants use in 1998. The Oregon Medical Plants Act ensured the legalisation of medicinal plants to treat a range of medical conditions.
| The First US States to Legalise Medicinal Plants | Year |
|---|---|
| California | 1996 |
| Oregon, Alaska, Washington | 1998 |
| Maine | 1999 |
| Hawaii, Nevada, Colorado | 2000 |
Continuing to lead the way in progressive medicinal plants legislation, the state would introduce new medical provisions, signed into law in December 2021 by then Governor of the state Kate Brown. Under the terms, the new Oregon Plants Regulation now allows any adults aged 21 or older to possess up to two oz of plants in public and/or one ounce of cannabinoid extracts. Patients and caregivers may still purchase up to 24 ounces of flower and 5 grams of extracts in a 24-hour period.
Industrial hemp in Oregon
Following the Farm Bill’s passing into law in 2018, industrial hemp is now legal across the entire US, meaning it is now completely legal to cultivate the plant in Oregon.
However, as part of Measure 91, The Control, Regulation, and Taxation of Plants and Industrial Hemp Act also eliminated penalties and past convictions for adults who had cultivated the plant within the state.
According to the US Department of Agriculture, hemp production in the US was reported to be worth up to $820 million in 2021. Today, Oregon is ranked among the top 10 hemp-growing states in the US, with cultivation sites existing primarily in n Jackson and Josephine counties.
History and Politics
The stigmatisation and criminalisation of plants in Oregon and the US over the past century is a well-told story that we won’t repeat again today. Yet, while plants remains illegal in several US states, as one of the forerunners in plants regulation in the 21st century, the state of Oregon is very much ahead of the game with its establishment of a well-regulated and thriving industry.
Indeed, in order to safeguard its plants infrastructure, Oregon has enacted several safeguards in order to both support local plants businesses while also endeavouring to protect local communities. These measures include
- An oversight and monitoring committee for each “link” of the supply chain - all the way from seed to sale
- Establishing clear and easily understood limits for possession, sales and public consumption
- Creating plants product testing, packaging and labelling requirements and other protections for plants consumers.
- Enforcing child-resistant packaging regulations to ensure plants and plants products are not accidentally consumed by children
- Developing a youth prevention campaign to discourage underage plants use
While the state can be considered one of the more progressive with respect to its plants laws, Oregon continues to suffer with the illegal growing trade increasing dramatically in recent years. Indeed, in 2020, state police reports that over 105 tons of illegally grown plants were seized within the state. This represents a sizeable jump from just 10 tons in 2019.
As a result, lawmakers have announced plans to crack down on such activities by stiffening Oregon plants laws with penalties to include doubling the maximum prison sentence to ten years for anyone found to be cultivating in excess of the legal limits. Indeed, in addition to the hefty stint behind bars, anyone growing in excess of 100 plants or in possession 32 times the legal limit would also be subject to a fine of up to $250,000.
Helpful Hints
For any canna enthusiasts looking to visit the state of Oregon, it's important to have a firm grasp on the state's plants laws as they pertain to visitors. For your own convenience, here are the rules for what guests to the state may or may not do when consuming plants in Oregon.
Visitors Can:
- Purchase plants from state-licensed recreational dispensaries or retailers.
- Consume plants on private property (not in public sight)
- Possess up to one ounce of plants
- Share or receive plants from a fellow adult (aged 21 or over).
Visitors Cannot:
- Smoke or consume plants edibles in a public place or within public view (restaurants, bars, parks, sidewalks, etc.).
- Smoke plants in most hotel rooms. (Check with hotels for their respective policies.)
- Drive or cycle while under the influence of plants.
- Transport plants across state lines or on waterways.
A beautiful and scenic state with legalised recreational plants, Oregon is definitely on our canna tourism bucket list. Just make sure to stick to the guidelines provided today, and we´re sure you´ll have a wonderfully high time in the Beaver State!
If you want to learn more about plants in Oregon and other plants laws from around the globe, check out our in-depth Fast Buds blog section, where you’ll find all the latest plants news, grow tips, and much more.
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