FAQs
Thank you for visiting. This website has been developed by the City of Oregon City to provide information and get feedback from Oregon City residents about the development of Marijuana regulations within our City.
The Oregon Liquor Control Commission (OLCC) also has an FAQ site.
During the 2015 legislative session, the Legislature passed four laws relating to medical and recreational marijuana:
- HB 3400, the omnibus bill that amends the Oregon Medical Marijuana Act (OMMA) and Measure 91, which the voters passed in November 2014 legalizing recreational marijuana use in Oregon;
- HB 2041, which revises the state tax structure for recreational marijuana;
- SB 460, which authorizes early sales of recreational marijuana by medical marijuana dispensaries; and
- SB 844, which contains miscellaneous provisions.
The following are answers to some of the most commonly asked questions about the new legislation and its impact on Oregon City.
As new questions are posed to the city throughout this process, we will update this page in order to provide up-to-date information.
- Isn’t marijuana illegal under federal law? If so, how can Oregon legalize it?
-
Marijuana is classified under the federal Controlled Substances Act as a Schedule I drug, which means it is unlawful under federal law to grow, distribute, possess or use marijuana for any purpose. Individuals who engage in such conduct could be subject to federal prosecution.
However, the courts thus far have upheld a state's authority to decriminalize marijuana for state law purposes. Oregon did so for medical marijuana in 1998 and for recreational marijuana in 2014. What that means is someone who grows, distributes, possesses or uses marijuana within the limits of those state acts is immune from state prosecution, but might still be subject to federal prosecution if federal authorities desired to do so.
See a great guide to what is currently legal in Oregon.
- How has decriminalization of marijuana in the States of Colorado and Washington affected public health and safety?
-
Two recent reports published by the Colorado Department of Public Safety and the Washington State Northwest High-Intensity Drug Trafficking Area are now available.
Key findings of the Colorado Report include:
- Among those 18 to 25 years old, marijuana usage has increased from 21% in 2006 to 31% in 2014.
- Among those 26 or older, marijuana usage has increased from 5% in 2006 to 12% in 2014.
- 33% of marijuana users who have reported marijuana use in the past 30 days have used daily.
- Marijuana-related arrests have decreased by 46% between 2012 and 2014, while possession arrests were cut in half and sales arrests have decreased by 24%.
- The trend for high school students ever using marijuana has declined from 42.4% in 2005 to 36.9% in 2013. The percentage of high school students currently using marijuana has decreased from 22.7% to 19.7% over the same period. Youth use in Colorado remains above the national average.
- Marijuana-related hospitalizations have increased from a rate of 803 per 100,000 pre-commercialization to 2,413 per 100,000 post-commercialization.
- The period of retail commercialization showed a significant increase in emergency department visits, from 739 per 100,000 (2010-2013) to 956 per 100,000 emergency department visits (2014-June 2015).
- The prevalence of marijuana as the impairing substance in cases of Driving Under the Influence (DUIs) has increased from 12% in 2014 to 15% in 2014, although the total number of marijuana-related DUIs decreased slightly.
- In the 2014 to 2015 school year, school-based discipline for drugs accounted for 41% of all expulsions, 31% of all law enforcement referrals, and 6% of all suspensions in Colorado.
See the Colorado state report (PDF) and the Washington State report (PDF).
- What does the OLCC regulate?
-
See information about the OLCC's regulations regarding marijuana.
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 What's Legal in Oregon.
Marijuana retailers may not be located within 1,000 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.
As of July 1, 2015, Oregonians can home-grow 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.
The OLCC has published temporary rules for Recreational Marijuana licensees (PDF).