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klamath county marijuana laws

Oregon Marijuana Laws

With the passing of Measure 91, recreational dispensaries are open for business to conduct sales, permitting adults 21 and older to purchase and possess marijuana (in addition to serving medical patients).

Possession

In Oregon, possession laws are different for marijuana use at home versus away from home (Public vs. Private), which extend to edibles and other marijuana products. Because of this, it is advised that smokers who possess cannabis when away from home should always have an I.D. on them for proof of age.

If you are of legal age and are in a public place, you may possess:

1 ounce of usable cannabis (i.e. dried flower)
  • 24 ounces of usable cannabis if you are a registered Oregon Medical Marijuana Program (OMPP) cardholder or caregiver
  • 1 ounce of cannabis concentrates or extracts
    • Note: Cannabis concentrates must be purchased from a licensed retail location, possession of homemade concentrates remains illegal.
  • 16 ounces of cannabis edibles in solid form
    72 ounces of cannabis products in liquid form
    10 cannabis seeds
    • 50 seeds if you are a registered Oregon Medical Marijuana Program (OMPP) cardholder
  • 4 immature cannabis plants

    If you are of legal age and are in a private residence or property, you may possess up to 8 ounces of usable cannabis (i.e. dried flower). All other possession limits remain the same as public possession.

    Please note that property owners and landlords reserve the right to allow or deny marijuana use or cultivation on their property. It is always advisable to check with your landlord or property owner before consuming or cultivating cannabis on their property.

    Purchasing Limits

    If you are 21 years of age or older and possess a valid government-issued ID, you are able to purchase cannabis flower, seeds, clones, edibles, concentrates and several other products containing cannabinoids. However, there are limitations on the amounts of each you are able to purchase from a licensed retailer.

    If you are of legal age and possess a valid ID, you are able to purchase:

    1 ounce of usable cannabis (i.e. dried flower)
    • 24 ounces of usable cannabis if you are a registered Oregon Medical Marijuana Program (OMPP) cardholder or caregiver
  • 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

    Qualifying Conditions

    A patient with any of the following conditions may be qualified to receive medical marijuana:

    • Cancer
    • Glaucoma
    • A degenerative or pervasive neurological condition=
    • HIV/AIDS
    • Post-traumatic stress disorder (PTSD)
    • A medical condition or treatment for a medical condition that produces one or more of the following:
      • Cachexia (a weight-loss disease that can be caused by HIV or cancer)
      • Severe pain
      • Severe nausea
      • Seizures, including but not limited to seizures caused by epilepsy
      • Persistent muscle spasm, including but not limited to spasms caused by multiple sclerosis

    The application fee is $200. Individuals receiving certain benefits from the state, such as SNAP, may apply for reduced fees. Get Your Card

    Gifting Recreational Cannabis

    Gifting of recreational cannabis between two adults 21 years of age or older is permitted, but only if the gifted amount does not exceed possession limits and the gift-giver does not accept any financial consideration.

    Financial consideration can be defined in multiple ways, listed as follows:

    Money
    Goods or services
    Cover charges
    Admission fees
    Donations
    Raffles
    Fundraisers
    Sales

    If any of the above-listed items are accepted as final consideration, the transaction is no longer considered a gift and is subsequently considered illegal and punishable by law.

    Store Hours

    Under Measure 91, licensed retailers are authorized to dispense marijuana to adults 21 years of age or older between the hours of 7:00 am and 10:00 pm local time. However, store owners have the right to operate at any time within these hours, so be sure to check ahead of time to confirm the exact opening and closing times.

    Consumption

    Smoking marijuana in public in Oregon is illegal, even if you’re smoking with an often-discreet vape pen. As a result, you can only consume at home or on private property. This means no bars, community parks, public outdoor smoking areas, on buses and airplanes, or federal land. Getting busted smoking weed in public could result in negative legal ramifications including fines and even jail time. Social Lounges

    Counties and Cities Banning Recreational Marijuana Sales

    Oregon has adopted a similar policy as Colorado, which allows for local cities and counties to decide for themselves if they will allow recreational marijuana stores. Please note that cities and counties have their own laws, so a county may ban recreational stores, but a city located within that county may allow them. Vice versa, a city may ban but the county may allow. Personal possession is allowed regardless if a city/county allows recreational stores or not.

    Driving Under the Influence

    In Oregon, driving with any amount of THC in your system could get you a driving under the influence (DUI) charge. However, because THC can stay in your system for up to 30 days, it makes it hard to prove whether or not you smoked prior to or while driving. The best way to avoid this is to not smoke and drive at all. If you are caught driving under the influence of marijuana you could face jail time and fines as well as a suspended driver’s license or the judge could order an ignition interlock device installed in your vehicle at your cost. Oregon has taken a hard stance on this and considers any presence of THC to be evidence of impairment.

    Medical Marijuana

    The legalization of recreational marijuana through Measure 91 doesn’t directly affect Oregon’s medical marijuana program. However it has greatly reduced it has a side effect. There are currently only 3 “med-only” dispensaries left in the state. Certain Rec dispensaries can sell to medical patients if they carry what the state considers “medical-grade” cannabis. These sales are not subject to the same taxation as Rec product. The Oregon Medical Marijuana Act protects users from criminal charges concerning possession, production, and delivery. To apply for a medical marijuana card visit the Oregon Public Health Department’s website and fill out an application. You’ll need to have your doctor complete the Attending Physician Statement. You’ll also need a valid photo ID and $200 for the application fee. If you receive benefits from the government, like food stamps, this fee can be reduced. You’ll receive your card within 30 days after submitting your application.

    In terms of reciprocity, Oregon doesn’t recognize out-of-state medical marijuana cards by law.

    Transporting and Exporting Marijuana

    Similar to laws in other recreational states, under measure 91, it is strictly illegal to transport marijuana across state lines, even if both states allow recreational marijuana. However, there are several allowances for transporting marijuana within the state.

    You are legally allowed to drive with marijuana in your vehicle, so long as you are within the legal possession limits and have your marijuana stored away from the driver in a child-proof container.

    Additionally, you are able to board a plane in Oregon with the legal public possession limit if you are flying within the state. You may not smoke or open the container on the plane and you may not bring marijuana with you if you are traveling outside of the state. If you are trying to board a plane flying out of state, you will be asked to dispose of the marijuana before boarding.

    Federal Land and Properties in Oregon

    Remember what we said about marijuana still being illegal in the eyes of the federal government. That means that your right to possess recreational marijuana does not apply on federal or tribal lands in Oregon. That includes national forests, national parks, national monuments, military bases, federal courthouses, and other federal properties. You can’t consume, grow, transport, or possess marijuana on any federal lands managed by federal agencies like the National Parks Service and the Bureau of Land Management. If you’re caught cultivating or lighting up at a federal park you could face a hefty fine of up to $250,000 and jail time.

    Cultivation

    Under current Oregon law, if you are 21 years of age or older, you are allowed to grow up to four plants per household, but they must be kept out of public view. If you grow outside, hide them with a tall fence or other barrier. The limit per household is four plants, regardless of how many adults live there. As the state explicitly notes, “Four adults in one residence does not mean 16 plants.” If you grow more than four plants and are caught, you could face fines of up to $125,000 and prison time.

    Approved medical cannabis patients and their caregivers can apply to grow up to 6 mature plants and 12 immature plants.

    Note that if you live within 1,000 feet of a school, you are forbidden from growing at your residence, however this law could change in the future. In the meantime, don’t even think about doing it or you could face 25 years in prison and up to $375,000 in fines. Explore Strains

    Delivery

    Medical cannabis delivery is permitted throughout Oregon. Recreational cannabis delivery is available in some cities and towns, but not all. Similar to other states with legalized cannabis, localities can choose to permit or ban delivery.

    Legal information about medical and recreational marijuana laws in Oregon, including Portland, Eugene and Salem.

    Klamath County, Oregon: The First to Opt Back In to Marijuana?

    If you subscribe to the Oregon Liquor Control Commission’s (OLCC) marijuana listserve, like me, you get an email every week or two regarding all of the Oregon cities and counties that have opted out of marijuana. By my count, the most current version contains 65 prohibitionist locales, resulting in quite a visual patchwork.

    As a refresher, an Oregon city or county can opt out of nearly all marijuana activity by administrative fiat if the city or county voted 55% or more against Measure 91. If the city or county voted less than 55% against Measure 91 (or for the Measure), it can only opt out through a local vote. For some background on this controversial regime, check out our articles here, here, here and here.

    Klamath County was the furthest county west to opt out without putting the choice to its voters. Klamath County is also larger than most or maybe all of the opt-out counties, and home to many marijuana growers, with a total population of 70,000 people. Of those eligible to vote, 56% went against Measure 91, so Klamath County was within its rights to do what it did. Still, the democratic play would have been to kick the idea of blanket prohibition back down to local voters.

    Because there are a lot of pot growers in Klamath County, citizens have pushed back. A referendum to overturn the ban was circulated, denied, re-circulated and ultimately approved. You can read about that saga here. As a result, the referendum to overturn Klamath County’s ban on marijuana sales will be on the May 17, 2016 ballot. The ballot caption will read, “Allowing state licensed medical and retail marijuana facilities.” Hopefully, it passes.

    Until that time, Klamath County marijuana entrepreneurs will be hamstrung, as OLCC begins accepting recreational marijuana applications January 4 and the Oregon Health Authority will continue to oversee its medical marijuana regime all the while. In Klamath County and the other opt-out jurisdictions, only medical growers will continue to be able to operate.

    Through its actions, Klamath County will lose out on tax revenue generated from the marijuana industry throughout the state, as well as revenue it could gain from tax on sales in the County itself, unless and until it opts back in. Because the State of Oregon has estimated $9 million in tax revenue for the first full year of 2017, Klamath County and many of the 65 others that have opted out will probably not stay out for long.

    The situation in Klamath County is a great example of something we often say: part of running a marijuana business in Oregon remains advocating for your right to do so. Marijuana entrepreneurs in Klamath County are doing a great job in that regard. Let’s hope they succeed.

    Vince Sliwoski

    Vince manages Harris Bricken’s Portland office and is a professor of Cannabis Law and Policy at Lewis & Clark Law School. He is a well-rounded attorney with expertise in a wide range of transactional law.

    Klamath County Marijuana. What will the voters decide? ]]>