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Oregon releases updated recreational marijuana FAQs

By CDR Staff

The state of Oregon has updated the recreational marijuana Frequently Asked Questions area on the Oregon Liquor Control Commission’s website.

The Commission also updated the following areas:

The updated FAQ includes the following in the personal use area of the site:

Q:  When can I smoke/use recreational marijuana?
A:   As of July 1, 2015, Oregonians are allowed to grow up to four plants on their property, possess up to eight ounces of usable marijuana in their homes and up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public. For more information go to:
Q:  Where and when can I buy marijuana?

A:   Limited amounts of recreational marijuana are available for purchase through participating medical marijuana dispensaries as of October 1, 2015. Retail stores licensed by the OLCC will open sometime in the second half of 2016.

Q:  Where can I buy recreational marijuana if the retail locations will not be licensed until Fall 2016? 

A:  Medical dispensaries participating in early start recreational sales are able to continue selling limited amounts of recreational marijuana until December 31, 2016.  You may continue to purchase marijuana from those locations.
Q:  Where and when can I buy edibles and extracts?
A:   On June 2, 2016, edible marijuana products containing up to 15 mg of THC will be available for retailsale in registered medical marijuana dispensaries across the state to adults 21 or over. Edibles will eventually be available at retail outlets licensed by the OLCC.
Q:  How much marijuana can I have?
A:  As of July 1, 2015, recreational marijuana users can possess up to eight ounces of useable marijuana and four plants per residence in Oregon. An individual can carry up to one ounce in public.
Q:  What is meant by “useable” marijuana?
A:   Useable marijuana refers to dried marijuana flowers or leaves. In other words, marijuana that is ready to smoke.
Q:  Can I grow marijuana at home and when?
A:   Yes, with limits. As of July 1, 2015, Oregonians can home grow of up to four plants per residence, regardless of how many people live in the residence. Four adults in one residence does not mean 16 plants. The limit is four per residence.
Q:  Where can I obtain marijuana seeds or starts after July 1, 2015?

A:  The OLCC can provide no guidance on that issue.

Q:  Is synthetic marijuana legal?

A:  No, the Oregon Board of Pharmacy has voted to ban sale and possession of synthetic marijuana.  Synthetic marijuana is comprised of a number of different chemicals, none of which are derived from the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.  The chemicals contained in synthetic marijuana have been added to the Oregon Board of Pharmacy’s list of controlled substances.  
Q. Can a landlord tell tenants not to grow recreational marijuana or smoke in rental units?
A. Measure 91 does not affect existing landlord/tenant laws.
Q:  What if an employer requires drug testing?
A:  Measure 91 does not affect existing employment law. Employers who require drug testing can continue to do so.
Q:  Can I smoke marijuana in a bar/restaurant?

A:  No. Marijuana cannot be smoked or used in a public place. The OLCC considers any establishment with a state liquor license to be public, including patios or decks set aside for smokers. Allowing marijuana use may put an establishment’s liquor license in jeopardy. In addition, smoking and vaping in most businesses is limited by the Indoor Clean Air Act.

Q:  What is the definition of a public place?
A:   Measure 91 defines a public place as “a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.”
Q:  Who can smoke recreational marijuana? What is the minimum age?
A:  As of July 1, 2015, anyone at least 21 years of age can consume recreational marijuana in Oregon. Marijuana use or possession of recreational marijuana by anyone under 21 years of age is illegal. That includes home consumption.
Q:  Who will enforce recreational marijuana laws?
A:   Enforcement of the home grow/personal possession provisions of Measure 91 will be at the discretion of local jurisdictions, the state police and possibly other law enforcement agencies. The OLCC is responsible for enforcement actions against businesses that the OLCC licenses to grow, process, wholesale and sell recreational marijuana and related products.
Q:  How much will recreational marijuana cost?
A:  The retail price of recreational marijuana will be determined through a competitive marketplace.
Q:  Can Oregon recreational marijuana be taken to the state of Washington where it is also legal?
A:   No. Taking marijuana across state lines is a federal offense.
Q:  How will children be protected from recreational marijuana and marijuana products?
A:  Measure 91 prohibits the sale of recreational marijuana to anyone under the age of 21. The act also gives OLCC authority to regulate or prohibit advertising. In writing the rules necessary to implement the new law, the OLCC may also regulate packages and labels to ensure public safety and prevent appeal to minors.
Q:  Can I get a DUII while under the influence of marijuana? A dui attorney seattle can find out for you
A:   Yes. Current laws for DUII have not changed. Driving under the influence of intoxicants (DUII) refers to operating a motor vehicle while intoxicated or drugged, including impairment from the use of marijuana. In addition, Measure 91 requires OLCC to examine, research and present a report to the Legislature on driving under the influence of marijuana. The OLCC will do this in conjunction with the Department of Justice Criminal Investigation Division and Oregon State Police.
Q:  Can I lose my job for using marijuana?
A:   That depends on who you work for and what your employer says about the use of marijuana by employees. Passage of Measure 91 does not change existing employment law in Oregon.
Q:  Where will marijuana stores be located?

A:   Marijuana retailers may not be located within 1000 feet of a school. All licensed businesses must be located in an area that is appropriately zoned. Also, local jurisdictions have authority to adopt reasonable regulations regarding the location of marijuana businesses, including regulations requiring that the businesses be located no more than 1000 feet from one another. To keep up to date, click here.

Q.  What impact does the new recreational marijuana law have on the current Medical Marijuana Program?
A:  Beginning in 2016 medical marijuana growers may apply for an OLCC license to sell their excess product into the recreational market.  Medical dispensaries can currently sell a one quarter ounce of marijuana flower to any adult over the age of 21. Visit the Oregon Health Authority website for participating dispensaries. This provision sunsets on December 31, 2016.

Q:  Who collects the tax on recreational marijuana?
A:  Taxes on recreational marijuana will be collected by the Oregon Department of Revenue at the retail level.

Q:  How is Washington state’s recreational marijuana law different than Oregon’s?
A:   See Oregon/Washington/Colorado Comparison.

Q:  Is it legal to possess or use recreational marijuana on Federal or Tribal land in Oregon?
A:  Measure 91 and HB 3400 do not address the possession or use of recreational marijuana on the land of Federally Recognized Tribes in Oregon.  This is an issue between the Federal Government and Tribal Governments. 

Visit to view the full FAQ.

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