View Our Practice Areas

Marijuana in Oregon—what is and is not legal

With marijuana now legal in Oregon, it is important to understand what can still lead to a drug crime arrest.

This July marked the full legalization of marijuana for recreational purposes in the state of Oregon since the passage of Measure 91 by voters. However, this does not mean that any and all use of pot is legal. Residents and visitors alike should become educated about what is and what is not allowed regarding marijuana as some violations can still result in citations or even arrests for drug crimes.

What is allowed under the new law?

According to WhatsLegalOregon.com, people over the age of 21 can now consume marijuana on private property. Possession limits are eight ounces within a home and one ounce outside of a home. Each residence is allowed to grow up to four marijuana plants and people can share marijuana with or give marijuana to others. They can also produce edible items for gift giving.

OregonLive.com also notes that up to 72 ounces of a marijuana-infused beverage and up to one ounce of extract is legal to possess.

What is not allowed under the new law?

Public possession or consumption of marijuana is still against the law. So too is operating a motor vehicle if under the influence of pot. Marijuana plants grown in private residences are not allowed to be easily viewable by the public. Additionally, no person can take marijuana out of the state, even into neighboring Washington where it is also legal for recreational use.

Currently, even though the use and home growing of marijuana is legal, there is no legal way to buy or sell marijuana. This will be the case until early in 2016 once the Oregon Liquor Control Commission has finalized the laws governing production, processing and sales for pot. No retail business license can be issued until these are firmly in place.

Local airports review guidelines

A USA Today article reported that the Portland International Airport is the only area airport to directly state its rules regarding marijuana. People flying from PDX to any other in-state airport are allowed to take marijuana on flights with them, assuming they are 21 and the quantity of pot they possess is below the legal threshold.

The airport in Redmond will be looking into its rules surrounding pot but as of yet has none. The same is true of the airport in Eugene although it has been indicated that guidelines similar to what Portland has adopted may well be the choice here. No information is available for the airports in Pendleton or North Bend.

Important tips for Oregonians

Because there are still many nuances related to the legal use of marijuana in Oregon, caution is urged. Additionally, it is recommended that anyone facing a violation or arrest related to marijuana contact an attorney promptly.

Keywords: marijuana, drug, arrest, charges