Cannabis Regulation

ORS 475B.349
Unlawful manufacture of marijuana item


(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), and except for a person acting within the scope of and in compliance with ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery), it is unlawful for any person to manufacture a marijuana item.

(2)

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

(3)

Unlawful manufacture of a marijuana item is:

(a)

A Class B misdemeanor, if a person 21 years of age or older unlawfully manufactures homegrown marijuana at a household and the total number of homegrown plants in the genus Cannabis within the plant family Cannabaceae at the household exceeds four plants but does not exceed eight plants.

(b)

A Class C felony, if:

(A)

A person unlawfully manufactures marijuana and the total number of plants in the genus Cannabis within the plant family Cannabaceae exceeds 12 plants; or

(B)

A person unlawfully manufactures a cannabinoid product or a cannabinoid concentrate and the total amount of cannabinoid products or the total amount of cannabinoid concentrates exceeds twice the applicable maximum amount specified in ORS 475B.337 (Unlawful possession by person 21 years of age or older) (1)(d), (e) or (f).

(c)

A Class B felony, if a person unlawfully manufactures a cannabinoid extract. [2017 c.21 §6; 2018 c.116 §25]
§§ 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