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Oregon Recreational Marijuana Laws Explained

The Criminal Defense law firm of Rhett Bernstein employs former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon, including Multnomah County, Clackamas County, Washington County, and all Portland-area municipal courts in the following counties and cities:

Clackamas County Multnomah County Washington County
Boring Gresham Banks
Canby Maywood Park Beaverton
Clackamas Portland Bull Mountain
Damascus Troutdale Cornelius
Estacada Wood Village Durham
Gladstone   Forest Grove
Happy Valley   Gaston
Lake Oswego   Hillsboro
Milwaukie   King City
Molalla   Laurelwood
Oregon City   North Plains
Sandy   Sherwood
Tualatin   Tigard
West Linn   Tualatin
    Wilsonville

Measure 91 - The Legalization of Recreational Marijuana

Effective July 1, 2015, ballot Measure 91 legalized marijuana for adults 21 and over for personal, nonmedical use. Oregonians are allowed to grow up to four plants on their property, possess up to eight ounces in their homes, and carry up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public, nor can it be transported across state lines.

On June 2, 2016, edible marijuana products, or “edibles”, containing up to 15mg of THC were made be available for retail sale in registered medical marijuana dispensaries, and will eventually be available at retail outlets licensed by the OLCC.

Recreational Marijuana FAQ

Where and can I buy Recreational Marijuana?

Recreational marijuana is now available for purchase through medical marijuana dispensaries. OLCC licensed stores licensed are set to open sometime in the second half of 2016.

How much marijuana can I have?

Recreational marijuana users can legally possess up to eight ounces of useable weed, four plants per residence, and up to one ounce carried on your person in public.

What does “useable” marijuana mean?

Useable marijuana refers to dried marijuana flowers or leaves; In other words, weed that is ready to smoke.

Can I grow marijuana in my home?

Yes, Oregonians can home grow up to four plants per residence, not per person living in the household. The legal limit is four plants per residence, regardless of the amount of adults living in the home.

Is my landlord tell me I can’t grow Recreational Marijuana or smoke it in my rental?

Yes, Measure 91 does not override existing landlord/tenant laws.

Can I get in trouble at work if Recreational Marijuana shows up on a drug test?

Yes, employers who require drug testing can continue to do so, as well as enforce workplace rules regarding a ban on the use of Recreational Marijuana among employees.

Can I openly smoke marijuana in a bar or restaurant?

No. Marijuana cannot be smoked or used in a public place.

Who can smoke Recreational Marijuana? What is the minimum age?

You must be 21 years of age or older to legally use Recreational Marijuana. This includes home consumption.

Who enforces Recreational Marijuana laws?

Local jurisdictions, state police and other law enforcement agencies.

Recreational marijuana is also legal in Washington, can I take my pot up to Seattle this weekend?

No! Taking marijuana across state lines is a federal offense.

Can I get a DUI while under the influence of Recreational Marijuana?

Yes! Current laws for DUI have not changed. Driving under the influence of intoxicants (DUI) refers to operating a motor vehicle while intoxicated or drugged, including from the use of marijuana. A DUI charge can be very serious and must be handled by an experienced legal team. If you or a loved one has been arrested or charged with a DUI, contact defense attorney Rhett Bernstein right away.

Can I lose my job if I use marijuana?

Yes, if your employer has a no use policy and you are caught using marijuana, your employer has the right to fire you.

What are Recreational Marijuana edibles?

Edibles are an alternative to smoking Recreational Marijuana. Made by infusing cannabis with food or candy; including cookies, gummies, cakes, hard candies, chocolate bars and more.

Are the effects of edibles different than when smoking marijuana?

Yes. There are differences between eating and smoking marijuana because the active ingredients are absorbed by different parts of the body. Traditionally marijuana is ingested through smoking a pipe, joint or bong. This generally affects users immediately, and also diminishes immediately. Whereas marijuana edibles usually take 30 to 60 minutes to start working, and the effects can last between 4 to 12 hours, depending on the dose.

Where and when can I buy edibles and extracts?

As of June 2, 2016, edible marijuana products containing up to 15mg of THC are available for purchase in registered medical marijuana dispensaries for adults 21 or over. Edibles will eventually be available at retail outlets licensed by the OLCC.

Is synthetic marijuana also legal now?

No, synthetic marijuana (also sometimes known as Spice, K2 and Yucatan Fire) have been added to the Oregon Board of Pharmacy’s list of controlled substances. In Oregon, Synthetic marijuana is a schedule 1 controlled substance, if you are charged with possession of synthetic marijuana you will be facing the possibility of a $250,000 fine and up to 10 years in prison. The sale of a schedule 1 controlled substance is an even more serious offense, where you could face a $375,000 fine and up 20 years in prison. If you or a loved one has been arrested or charged with possession or intent to distribute a schedule 1 controlled substance contact defense attorney Rhett Bernstein right away.

How do I contact Rhett Bernstein for help with my Marijuana-related case?

Rhett Bernstein offers a free initial case analysis. To set up an appointment or to speak with Mr Bernstein:

We Can Help with your Marijuana-Related Defense

If you or a loved one has been charged with a marijuana-related offense, contact experienced criminal defense attorney Rhett Bernstein immediately. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours will be handled by prosecutors and judges.


Legal Disclaimer: Nothing on this site shall be taken as legal advice. For advice on a legal matter, contact attorney Rhett Bernstein immediately for a free, confidential, no obligation consultation.

Criminal Defense attorney Rhett Bernstein is available to practice criminal law anywhere throughout the state of Oregon, including: Clackamas, Multnomah, and Washington counties; as well as most municipal courts throughout the Portland Metro area.