2015 ORS 475.864¹
Unlawful possession of marijuana or marijuana product
  • 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 subsections (2) to (4) of this section:

(a) Marijuana means the leaves, stems and flowers of the plant Cannabis family Moraceae.

(b) Marijuana product has the meaning given the term marijuana in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) (16), but does not include the leaves, stems and flowers of the plant Cannabis family Moraceae.

(2) It is unlawful for any person under 21 years of age knowingly or intentionally to possess marijuana or marijuana product.

(3)(a) Unlawful possession of more than eight avoirdupois ounces of marijuana by a person under 21 years of age is a Class A misdemeanor.

(b) Unlawful possession of more than one avoirdupois ounce of marijuana, but less than eight avoirdupois ounces, by a person under 21 years of age is a Class B misdemeanor.

(c) Unlawful possession of one avoirdupois ounce or less of marijuana by a person under 21 years of age is a specific fine violation. The presumptive fine for a violation under this paragraph is $650.

(4)(a) Unlawful possession of more than 16 avoirdupois ounces of marijuana product in a solid form or more than 72 ounces of marijuana product in a liquid form by a person under 21 years of age is a Class A misdemeanor.

(b) Unlawful possession of 16 avoirdupois ounces or less of marijuana product in a solid form or 72 ounces or less of marijuana product in a liquid form by a person under 21 years of age is a Class B misdemeanor.

(5) As used in subsections (6) to (8) of this section, cannabinoid concentrate, cannabinoid extract, cannabinoid product, licensee, licensee representative, marijuana, marijuana retailer, public place and usable marijuana have the meanings given those terms in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.395).

(6) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395), and any rule adopted under ORS 475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395), it is unlawful for any person 21 years of age or older knowingly or intentionally to possess:

(a) More than one ounce of usable marijuana in a public place.

(b) More than eight ounces of usable marijuana.

(c) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates.

(d) More than 72 ounces of cannabinoid products in liquid form.

(e) More than one ounce of cannabinoid extracts.

(f) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license under ORS 475B.110 (Retail license).

(7) A violation of subsection (6)(a) to (e) of this section is a:

(a) Class A misdemeanor, if the amount possessed is more than four times the applicable maximum amount specified in subsection (6)(a) to (e) of this section;

(b) Class B misdemeanor, if the amount possessed is more than two times, but not more than four times, the applicable maximum amount specified in subsection (6)(a) to (e) of this section; or

(c) Class B violation, if the amount possessed is not more than two times the applicable maximum amount specified in subsection (6)(a) to (e) of this section.

(8) A violation of subsection (6)(f) of this section is a:

(a) Class C felony, if the amount possessed is more than one-quarter ounce of the cannabinoid extract; or

(b) Class B misdemeanor, if the amount possessed is not more than one-quarter ounce of the cannabinoid extract. [2005 c.708 §33; 2011 c.597 §89; 2013 c.591 §2; 2015 c.1 §79; 2015 c.614 §123]

Notes of Decisions

Statute Sets Forth Three Separate Offenses

(1) unlawful pos­ses­sion of marijuana, (2) unlawful pos­ses­sion of less than one ounce of marijuana and (3) unlawful pos­ses­sion, in public place, of less than one ounce of marijuana within 1,000 feet of school. State v. Durham, 245 Or App 58, 263 P3d 1030 (2011)

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.