2015 ORS 475.856¹
Unlawful manufacture of marijuana
  • exceptions

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to cannabis; creating new provisions; amending ORS 90.396, 305.620, 316.680, 419C.239, 419C.420, 419C.443, 471.001, 471.775, 475.245, 475.752, 475.856, 475.858, 475.860, 475.862, 475.864, 475.898, 475B.015, 475B.063, 475B.070, 475B.075, 475B.090, 475B.100, 475B.110, 475B.150, 475B.160, 475B.185, 475B.218, 475B.235, 475B.245, 475B.250, 475B.255, 475B.340, 475B.375, 475B.415, 475B.420, 475B.428, 475B.435, 475B.443, 475B.450, 475B.705, 475B.710, 475B.760, 475B.800, 809.265 and 813.215 and section 3, chapter 20, Oregon Laws 2015; repealing ORS 475B.120, 475B.285 and 811.481 and sections 173 and 175b, chapter 614, Oregon Laws 2015; and declaring an emergency.

(1) As used in this section, "homegrown," "household," "license" and "licensee representative" have the meanings given those terms in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.395).

(2) Except for licensees and licensee representatives that are engaged in lawful activities, and except for a person acting within the scope of and in compliance with ORS 475B.245 (Applicability of licensing provisions to homegrown marijuana and homemade cannabinoid products and concentrates), it is unlawful for any person to manufacture marijuana.

(3) Unlawful manufacture of marijuana is a Class C felony.

(4) Notwithstanding subsection (3) of this section, unlawful manufacture of marijuana is a Class B misdemeanor if a person 21 years of age or older manufactures homegrown marijuana at a household and the total number of homegrown marijuana plants at the household exceeds four marijuana plants but does not exceed eight marijuana plants. [2005 c.708 §29; 2013 c.591 §1; 2015 c.1 §77; 2015 c.614 §121]

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)

  • Pete Castleberry, Sep 22, 2011
    “As an Oregon Criminal Defense Lawyer, people ask me a lot of ques­tions about Oregon's marijuana laws. Probably the most popular ques­tion concerns how much trouble you can get in for Unlawful Possession of Marijuana or Unlawful Manufacture of Marijuana.”
  • Pete Castleberry, Sep 15, 2011
    “It is not something most of think about on a daily basis, but it is fascinating (and terrifying) that every Oregon citizen is subject to at least two completely different sets of crim­i­nal laws: (1) the crim­i­nal laws passed by the Oregon State Legislature and (2) the crim­i­nal laws passed by the United States Federal Govern­ment. . . .”

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.