Oregon Marijuana Laws & Marijuana Attorney In Oregon
We have a network of all of the best medical marijuana lawyers all over Oregon. If you are interested in contacting a Marijuana Attorney please fill out the contact from to the right and we will match you with the best lawyer for your needs. Please make sure you read the basic OMMP laws, defense lawyer consultations begin at $150 per hour.
Oregon Marijuana Laws: Limits of Protection
The Oregon Medical Marijuana Act (OMMA) protects medical marijuana users who comply with its requirements from state criminal prosecution for production, possession or delivery of a controlled substance. However, the OMMA does not protect marijuana plants from seizure or individuals from prosecution if the federal government chooses to take action against registered cardholders under the Federal Controlled Substances Act.
Limitations on Cardholder’s Immunity from Criminal Laws
It is important to remember that having a medical marijuana card does not allow cardholders to engage in illegal activity. In fact, there are a number of limitations noted in the medical marijuana statute (ORS 475.316), including:
- You cannot give medical marijuana to a non-OMMP cardholder;
- You cannot sell medical marijuana, even to another OMMP cardholder;
- You cannot use medical marijuana in a public place or in public view;
- You cannot drive under the influence of marijuana, as provided in ORS 813.010; and
You cannot manufacture or produce marijuana anywhere other than at the growsite address you list on your application.
The OMMP does not give legal advice. If there are any questions concerning how to comply with the OMMA, it is recommended that a person consult a private attorney.
Will the police come to my house and check my number of plants?
(1) The Department may, at any time, contact a patient, designated primary caregiver, grower, or a patient’s attending physician by telephone, mail or in person to verify the current accuracy of information included in the registration system. This authority does not extend to allowing Department staff to routinely search the person or property of a person who possesses a registry identification card, a grow site, or to search the property of an attending physician.
(2) Notwithstanding section (1) above, the Department may, when it has reason to believe a violation of ORS 475.300 to 475.346 has occurred, either conduct an investigation to collect evidence of a violation of the Oregon Medical Marijuana Act, or arrange for this responsibility to be assumed by the proper state or local authorities. Such violations include, but are not limited to:
(A) Failure by a patient to notify the Department of any change in the patient’s name, address, attending physician, designated primary caregiver, grower, or grow site location.
(B) Failure by a patient, designated primary caregiver, or grower to return the OMMP identity and registry identification cards to the Department within seven calendar days of the patient’s notification of the diagnosis that the patient no longer has a debilitating medical condition.
(C) Failure by a designated primary caregiver or grower to return the OMMP identity and registry identification cards to the Department within seven calendar days of notification by the patient that the person’s designation as primary caregiver or grower has been terminated.
(D) Submission of false information by a patient, designated primary caregiver, grower, or attending physician during the registration or registration renewal process.
(E) Conviction of a patient, designated primary caregiver, or grower of a marijuana-related offense that occurred after the date of issuance of a registry identification card.
How much medical marijuana can my grower posses at anyone time?
An Oregon medical marijuana grower cannot posses more that 24 ounces of useable marijuana at any time. While the grower and caregiver also have these limits, it is a collective limit, meaning that if you, your grower and caregiver are in one car, the total you 3 can posses is 24 ounces (not 24 ounces times 3 people).
Can I get a medical marijuana card or be a grower, if I have a felony related to illegal drugs?
The Department shall conduct a criminal background check on the grower as authorized under ORS 475.304.
(A) A person convicted of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, if the offense occurred on or after January 1, 2006, may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder for five years from the date of conviction.
(B) A person convicted more than once of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, if the offenses occurred after January 1, 2006, may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder.
(C) The Department will notify a patient by certified mail that the grower is ineligible and the patient will be given the opportunity to identify another grower.
Can I grow marijuana in a rental house or apartment?
Is it legal for my landlord to evict me once he finds out that I have my own marijuana grow site within our housing? Is it possible for me to stay in a subsidized housing while I am an OMMP patient?
The decision to inform your landlord that you are an OMMP patient depends on you entirely. OMMA does not specifically state if a landlord can evict an OMMP patient or not even though he only owns the legal amount of marijuana allowable. OMMP does not specifically state whether an OMMP patient can stay in a subsidized house or not. OMMP advises people with important concerns to consult an attorney for better understanding of their rights and other legal matters.