Cannabis Regulation

ORS 475B.337
Unlawful possession by person 21 years of age or older


(1)

Except for licensees and licensee representatives acting in accordance with ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) and any rule adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), it is unlawful for any person 21 years of age or older to possess, knowingly or intentionally:

(a)

An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery) (1).

(b)

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

(c)

More than eight ounces of usable marijuana.

(d)

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

(e)

More than 72 ounces of cannabinoid products in liquid form.

(f)

More than one ounce of cannabinoid extracts.

(g)

A cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105 (Retail license).

(2)

Except as provided in subsection (3) of this section, unlawful possession of a marijuana item is a Class A misdemeanor.

(3)

Unlawful possession of a marijuana item is:

(a)

A Class B violation, if the amount possessed is not more than two times the applicable maximum amount specified in subsection (1)(a) to (f) of this section.

(b)

A 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 (1)(a) to (f) of this section.

(c)

A Class C felony, if the amount possessed is:

(A)

More than 16 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this subsection;

(B)

More than eight pounds of usable marijuana in a public place; or

(C)

More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105 (Retail license). [2017 c.21 §3; 2018 c.116 §23]
§§ 475B.785 to 475B.949

(formerly 475.300 to 475.346, then 475B.400

to 475 B.525)

Notes of Decisions

Registry identification cardholder may not confer immunity on person other than designated primary caregiver to possess medical marijuana on behalf of cardholder. State v. Fries, 212 Or App 220, 158 P3d 10 (2007), aff'd 344 Or 541, 185 P3d 453 (2008)

Law Review Citations

52 WLR 1 (2015)

§§ 475B.400 to 475B.525

(formerly 475.300 to 475.346)

See annotations under ORS 475B.785 to 47B.949.


Source

Last accessed
Jun. 26, 2021