HOW TO CELEBRATE YOUR WEDDING DAY WITH CANNABIS


OREGON CANNABIS WEDDING LAWS EXPANDED

DISCLAIMER

STATE CANNABIS LAWS INTERPRETED BY:  The Cannabis Law Firm at Hiller, P.C. Please read all information throughly.  As all laws will vary by local municipality; please see our “Relevant Contact Information” section at the bottom of this page to determine if your town or county enforces exceptions to these rules. Consult your lawyers or local police for questions regarding compliance and enforcement.

To report ERRORS, OMISSIONS or UPDATED INFORMATION, please email: smile@lovandmarij.com | Subject Line:  INFOGRAPHIC UPDATE

GENERAL CANNABIS LAWS

PURCHASING & ACQUISITION

CANNABIS POSSESSION IN OREGON

  • Vendor: As of January 1, 2017, only a marijuana “retailer” may sell marijuana products. 6
  • Limits: Within one (1) day, the event host may purchase up to 1 oz. of usable marijuana, 16 oz. of a cannabinoid product in solid form, 72 oz, of a cannabinoid product in liquid form, and 5g of cannabinoid extracts or cannabinoid concentrates, from a licensed marijuana retailer (or, until January 1, 2017, up to 1⁄4 oz. of usable marijuana and other lesser amounts of marijuana items per day from a registered medical marijuana dispensary). 7Acquisition by Gift: Event hosts may receive marijuana items as gifts without financial consideration to be used for the wedding (see Gift subsection). Marijuana may not be acquired from out-of-state. 8Homemade Products (not purchased): best practice recommends that homemade producers stay within concentration limits observed by licensed marijuana retailers (5mg THC/serving of cannabinoid edibles; 10mg THC/serving of cannabinoid capsules; 6% of cannabinoid topicals; 1000mg total of cannabinoid concentrates, cannabinoid tinctures and other cannabinoid products). 9Purchasing/acquisition exemption: “Industrial hemp” is exempted from the Controlled Substances Act and all of its penalties,10 and thus a person may purchase or acquire an unlimited amount of “industrial hemp,” which includes marijuana with up to a 0.3% THC concentration, and products made from it, including topical products, with no restrictions.
FIND A LEGAL CANNABIS DISPENSARY HERE

POSSESSION

CANNABIS POSSESSION IN OREGON

  • Hosting: Event host must be an adult (21+) to possess recreational marijuana
  • Residency/Visitors: OR residency for sale, delivery, and possession of marijuana and/or paraphernalia is not required 2
  • Limits :3

o Non-PublicPlace(inaccessibletothegeneralpublic,suchasaprivateresidence): adults may each possess up to:

(i) up to 8oz of “usable marijuana;”

(ii) up to 16oz of cannabinoid products in solid form or concentrates;

(iii) up to 72oz of cannabinoid products in liquid form; AND

(iv) up to 1oz of cannabinoid extracts.

o Public Place 4 (accessible to the general public), adults may each possess up to 1oz of “usable marijuana” on their person, AND the same amounts of cannabinoid products, concentrates, and extracts as mandated for “non-public” places.

o Possession exemption: “Industrial hemp” is exempted from the Controlled Substances Act and all of its penalties,5 and thus a person may possess an unlimited amount of “industrial hemp,” which includes marijuana with up to a 0.3% THC concentration, and products made from it, including topical products, with no restrictions.

TIP: At an event at a private residence, make multiple trips carrying 1oz of usable marijuana and keep total amount of usable marijuana at the CannaBar under 8oz

TRANSPORTING CANNABIS

OREGON CANNABIS TRANSPORTATION LAWS

Transportation Permissible: Recreational marijuana that is legally grown, gifted or purchased at a marijuana retailer may be transported by an adult in her own vehicle, up to 1 oz per adult. 43 A marijuana retailer may also deliver marijuana in certain situations, (see Marijuana Retailer Delivery section). Marijuana may not be transported to another state or from out-of-state. 44

Driving Under the Influence: It is illegal to drive under the influence of marijuana or to consume marijuana in a moving vehicle (that is not a vehicle-for-hire). 45

Open Containers: It is unclear if there is an Oregon “marijuana open container” law that applies to any marijuana container that does not still have an unbroken seal from the marijuana retailer. 46 The relevant alcohol law requires such open containers to be stored in the trunk or another area of the vehicle not occupied by the driver or passenger. 47

MARIJUANA RETAILER DELIVERY IS ALLOWED

Delivery Permissible: Delivery by a marijuana retailer to an adult is permitted: (i) after the sale of marijuana items occurred; and (ii) a bona fide order was received. 48

Placing Orders: Orders must be received before 8:00pm on the day of delivery, the delivery may occur only between 8:00am and 9:00pm, and the event host who ordered the delivery must be present at the residence with her identification, not visibly intoxicated. 49

Delivery Location: Delivery may only be to a “residence,” such as a house or apartment, but not a dormitory, hotel, motel, bed and breakfast or similar commercial business. 50

TIP: unless the wedding venue is truly a house, the event host may only receive delivery at her residence, and will still have to transport the marijuana items to the wedding venue.

CANNABIS CONSUMPTION

CANNABIS CONSUMPTION IN OREGON

  • Consumption (which includes smoking and ingestion of an edible) may only occur in a non-public place, on , with the approval of the property owner. 13
  • A “public place” is any “place to which the general public has access” and includes: 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 areas used in connection with public passenger transportation. 14 Private property includes other types of property, like private residences, especially where the property owner clearly holds it out as private property.
  • Consumption must occur outside of “public view,” where it cannot be readily seen by normal unaided vision from a public place (indoors or outdoors).15
  • Indoor consumption that involves smoking marijuana (not edibles) is subject to the Oregon Indoor Clean Air Act (ICAA), which prohibits smoking in public places 16 as well as in any “place of employment.”17 This could mean that any consumption done indoors where there are workers employed for the wedding, even in a venue that is a private residence, will be disallowed by the ICAA. This includes using vape pens to vaporize cannabinoids. 18TIP: where event space generally is open to walk-in customers and is fully rented to the wedding, put up signs on all entrances that the space is CLOSED for a private event, post monitors at all entrances to restrict entry to invited guests, and check with the city or county for additional “public place” criteria. Position the CannaBar away from public view (e.g., in a separate tent with no ceiling, for ORS and ICAA compliance).TIP: next door neighbors are not the “general public,” but passerbys on the street are, unless the windows are opaque or the shades are drawn throughout the event.

    TIP: in a private residence, segment a room, or place an outdoor tent, that prohibited entry by employees where indoor consumption may be allowed.

    TIP: contact the Tobacco Prevention and Education Program staff to check if a consumption plan is allowable under the ICAA.

GIFTING

GIFTING CANNABIS IN OREGON

  • Limits: 11 Gifting and “delivery” of marijuana items to other adults without receipt of financial consideration is permissible, up to the following limits at a time: (i) 1oz of usable marijuana; (ii) up to 16oz. of cannabinoid products in solid form; (iii) up to 72 oz. in liquid form; and (iv) up to 16oz. of cannabinoid concentrates.
  • Purchasing/acquisition exemption: “Industrial hemp” is exempted from the Controlled Substances Act and all of its penalties,12 and thus a person may gift an unlimited amount of “industrial hemp,” which includes marijuana with up to a 0.3% THC concentration, and products made from it, including topical products, with no restrictions.

LAWFUL LOCATIONS TO CONSUME CANNABIS ON YOUR EVENT DAY

WEDDING & EVENT VENUES

OREGON PRIVATE VENUES WITH A LIQUOR LICENSE

  • Recreational marijuana CANNOT be served or consumed on any property with a permanent or temporary liquor license, because it is considered a “public place.”19 This includes including patios or decks set aside for smokers. 20 Distribution of recreational marijuana on such a property is similarly prohibited. 21
  • Adults may still possess up to 1 oz. of recreational marijuana on their person. 22
  • Marijuana can arguably be consumed by a non-driver in a private vehicle outside the property, without breaking any DUI-D laws. 23 However, most private vehicles will not protect the adult from the prohibition on “public view.” 24

 

OREGON PRIVATE PROPERTIES WITHOUT A LIQUOR LICENSE

Private Residences (and other non-public places that fit the criteria) are outside of the OLCC’s authority, and are not required to get a liquor license where alcohol is served but no payment or purchase is required (no cash bar) and no donations of money are accepted for alcohol, entry/admission, or any other product or service, including food and beverage service. 25

Such locations, with the express approval of the property owner, may allow service and consumption of both alcohol and recreational marijuana to adult (21+) guests, if: 26 (i) the local jurisdiction confirms that the venue is not considered “a public place;” (ii) marijuana consumption is outside “public view” and complies with the ICAA, meaning, it is not a “place of employment,” an enclosed area under the control of a public or private employer.” 27 (See Consumption section for ICAA compliance); AND (iii) no financial consideration is received for marijuana. 28

At such locations, where alcohol or marijuana is served to a minor or a visibly intoxicated person, third party liability laws will likely apply and the event host could be held responsible for any injuries or damages that person causes. 29

Caterers may provide food service, but not alcohol. 30 The event host must instead provide the alcohol.

TIP: Select a venue that is located more than 1,000 feet from a school. 31

BUDandBREAKFAST.com

Hotels & Lodging

FIND A CANNABIS FRIENDLY WEDDING VENUE

HAIR SALONS & BARBER SHOPS

OREGON BEAUTY SALONS AND BRIDAL SHOPS

Subject to the ICAA (prohibition of smoking in a “place of employment”), salon owners may allow the event host and other adults to bring their own legal amount of recreational marijuana and consume it, outside “public view” if the entire property is truly closed off for the private party. The owner could put a sign on any entrance saying, “CLOSED for a private affair” and a phone number for customers to call with questions. 32 The ICAA would not affect consumption of edibles.

It is possible that a liquor license would be required to serve alcohol, because a purchase by the event host of styling services is required in order for the adults to be present in the closed venue. 33 Thus, alcohol should not be served if marijuana is consumed.

TIP: Confirm with the local jurisdiction that a beauty shop, closed to the public, would not be considered a “public place.”

TIP: Confirm with the Oregon Tobacco Prevention and Education Program to assure ICAA compliance. If, while the employee is there, it is considered a “place of employment,” the event host and other adults could smoke marijuana while the stylist is not in the room, and clear the air each time with fans.

TIP: Limit smoking to the salon’s private backyard, outside public view.

TIP: Ask stylists to travel and perform styling services for the event host and other adults in a private hotel suite or private residence that allows for marijuana consumption on site, so long as the stylist does not sell any marijuana. Consumption of free alcohol in this room is also allowed.

FIND A CANNABIS FRIENDLY STYLIST

HOTELS

OREGON HOTEL STAY LAWS

Hotel owners may allow recreational marijuana consumption within the privacy of an individual’s hotel room, which is not considered a “public place.”34

Marijuana consumption on hotel balconies is not permitted if the balcony is visible from any public place, including the street and hotel hallways and lobbies. 35

The ICAA affirmatively allows the owner of a hotel to designate up to 25% of its rooms as “smoking” rooms, where smoking marijuana is allowed. 36

TIP: Event host should ascertain hotel policies.

BUDandBREAKFAST.com

Hotels & Lodging

FIND CANNABIS FRIENDLY LODGING

LIMOS & TAXIS

OREGON LIMO & TAXI LAWS

Public View Prohibition: it is permissible to consume marijuana in a parked car by a non- driver in the parking lot or driveway of a private property (that does not have a liquor license), with permission of the owner, where it cannot be seen by normal unaided vision from the street or another public place. 37 Most private vehicles with regular windows will not protect the adult from this “public view” prohibition. It is unclear whether the law would view stationary limos or mobile homes with tinted windows that are parked on a public street as within “public view.”

Local Rules Apply: Any consumption in a private limousine or vehicle-for-hire must also comply with any local regulation. 38 Some localities, such as Portland, fully ban smoking anything and use of intoxicants in all of their vehicles-for-hire. 39 Other localities do not.

Vehicles for Hire/Party Busses: ICAA Rules apply. 40 Yet while many Oregon limo and party bus companies prohibit smoking anything in their passenger compartments, some assert the legality of doing so behind a privacy partition. 41 Smoking cannabinoids is prohibited within 10 feet of any entrances and windows that open in a place of employment, which would occur in a passenger section of a vehicle-for-hire, relative to the driver compartment. 42

TIP: where the limo has an airtight partition between the driver compartment and the passengers, it is arguable that it is not the same “place”, and if all consumption has ended by the time the driver opens the limo door, he will not be exposed to any smoke.

FIND CANNABIS FRIENDLY TRANSPORTATION

SHARE CANNABIS WITH YOUR GUESTS THROUGH GIFTING

CATERING WITH CANNABIS

CATERING WITH CANNABIS IN OREGON

Production Limits: At her private residence, out of public view, the event host or another assisting adult may use up to 8 oz. of marijuana or up to 16 oz. or cannabis concentrates to make cannabinoid edibles or other cannabinoid products, up to 16 oz. in solid form, up to 72 oz. in liquid form.51 The event host may then bring these edibles to the canna-bar for gifting to guests, and assisting adults may do so as well. 52

Outside Purchase Permissible:  The event host and other assisting adults may also purchase cannabinoid edibles, up to 16 oz. in solid form, up to 72 oz. in liquid form, at a marijuana retailer and each bring them to the canna-bar for gifting to guests. 53 Only a marijuana retailer (and medical marijuana dispensary until January 1, 2017) may sell edibles, all other edibles must be gifted.

Gifts to Assisting Chefs: Event hosts may gift to an assisting chef, 16oz. of cannabinoid concentrates and also 1oz. of marijuana at a time, such that after 8 meetings the chef may possess 8 oz. at chef’s residence. 54 The chef may use these materials to make, in his private RESIDENCE, out of public view, 16 oz. of cannabinoid edibles in solid form, 72 oz. in liquid form at a time. 55

Financial Consideration Prohibited: The assisting chef may gift edibles, according to possession limits, back to the event host and also to other assisting adults to be used for the canna-bar without receiving any financial consideration. 56

Use Concentrates, Not Extracts: Neither the event host nor an assisting chef should produce edibles using marijuana retailer-purchased cannabinoid extracts, which are made using either a hydrocarbon-based solvent or carbon dioxide and high heat or pressure, and should only use marijuana or cannabinoid concentrates, which are produced using natural solvents or carbon dioxide without high heat or pressure.

Public View Prohibited: All edibles must be consumed on private property, and not in public view.

Marijuana Surcharge Prohibited: While an assisting chef may charge his standard rate to the event host for the non-marijuana ingredients and for his time in cooking them, he may not add any fees for his time spent working with the marijuana or any fee reflecting the price of the marijuana. Thus, the chef should gift the edibles to the event host, and charge no fee for their preparation, as only marijuana retailers are allowed to sell edibles. 57

TIP:  Avoid accidental overdoses: homemade producers should not exceed concentration limits observed by licensed marijuana retailers (5mg THC/serving of cannabinoid edibles; 10mg THC/serving of cannabinoid capsules; 6% of cannabinoid topicals; 1000mg total of cannabinoid concentrates, cannabinoid tinctures and other cannabinoid products). 58

FIND CANNABIS FRIENDLY CATERING OPTIONS

FLORISTS & BOUQUETS

OREGAN FLORIST GIFTING LAWS

Gifting Permitted: Event hosts may each gift to a florist 1 oz. of marijuana at a time for use in a decorative arrangement or bouquet, such that after 8 meetings the florist may possess 8 oz. at her residence, out of public view. 59 It is also arguable that event hosts may each gift 1 oz. of marijuana at a time to the florist at the florist shop, and that the florist may possess, at the most, 1 oz. of marijuana at a time there, as it is a public place, as long as the marijuana is stored out of public view, including no consumption .60

Limits on Arrangements: The florist may gift arrangements containing usable marijuana, with no more than 1 oz. of usable marijuana at a time, back to the event host and also to other assisting adults to be used for the canna-bar.

Financial Consideration Prohibited: like caterers, florists may not receive financial consideration for inclusion of marijuana 61 Thus, the florist should gift the arrangement(s) to the event host, and charge no fee for their preparation, as only marijuana retailers are allowed to sell marijuana.

TIP:  The concept of a marijuana flower arrangement may contradict the security measures taken to keep marijuana separate from non-consuming or minor wedding guests, either on an adult’s person, behind a canna-bar, or in the consumption area. Remain compliant.

FIND A CANNABIS FRIENDLY FLORIST

CANNABAR (GIFTING)

OREGON CANNABAR LAWS

Sale Prohibited: NO SALE OF MARIJUANA MAY OCCUR AT THE CANNABAR

CannaBar (Gifting) Permitted: Event hosts may host a canna-bar on a private property and gift marijuana to guests so long as the possession, cultivation/purchase and transportation of the marijuana was done legally and the amount of marijuana given to any one adult does not exceed 1 oz. This includes marijuana that is homegrown by the event host.

Service/Function: Each assisting adult may bring 1 oz. to the canna-bar, and he may distribute it by himself or with a budtender, until it is given away, and then another assisting adult may take his place. Groups of possessing adults may give away marijuana to guests at the same time, as long as who possesses what marijuana is clearly delineated.

Limits Apply: The amount of marijuana possessed at the event would grow with the number of assisting adults, and if each person possessed 1 oz on their person, it is arguable (though the law is unclear) that 100 oz. may be possessed there in total. 62 It is least risky if all marijuana is carried by an adult on her person at all times. If not, it should be clearly labeled with the possessor’s name and secured. An event host and others risk the least possible liability by having each individual possess only 1 oz. of usable marijuana on their person at all times until it has been given away, assisting with the canna-bar, and to keep to total amount of marijuana under 8 oz. 63

Budtender Compliance: An adult budtender employee at a licensed marijuana business will have his permit suspended or revoked if he violates any of the recreational marijuana laws or regulations. 64

o While Budtenders may not gift marijuana at a liquor-licensed location, there does not appear to be a prohibition under the recreational marijuana laws in their budtending in their private time and assisting with gifting no more than 1 oz. of legally grown, gifted or purchased marijuana to an adult at a cannabar at a private event at a non-liquor licensed location.65

o Marijuana retailer employees should not transport any marijuana to the event.

o Event Host may check with OLCC with any questions.

o However, if the event host sought to pay the budtender for his services, and consumption occurs around him, it might violate the ICAA, which prohibits smoking in a “place of employment.”66

o Budtenders should be as precise as possible in describing any marijuana items.67

Visible Intoxication Prohibited:  The event host, budtender, or assisting adult at the cannabar MAY NOT give any marijuana item to a person who is VISIBLY INTOXICATED. 68

 Prizes Prohibited: The event host, budtender, or assisting adult at the canna-bar may not give out a marijuana item as a prize.69

TIP: Event hosts should, at the canna-bar, and at every exit, post signs that read: “Marijuana or Marijuana Infused Products May Not Be Consumed In Public.”70

TIP: in order to encourage legal compliance by the adult guests in addition to the event host, include an insert with any gifted marijuana distributed, reading:

o “Do not take any marijuana out-of-state.”
o “Do not possess more than 1oz. of marijuana in a public place.”
o “Do not consume marijuana in a public place.”
o “Do not drive after consuming marijuana.”
o “Do not give any marijuana product to a person who is visibly intoxicated.”

FIND VENDORS TO STOCK YOUR CANNABAR

RESPONSIBLE DOSING

OREGON RECOMMENDATIONS FOR EDIBLES
Start Low and Go Slow!
TIP:  Guests that are new to edibles should consume no more than 3-5mg of THC. It may take up to 2 hours to START feeling the effects of cannabis edibles.
TIP:  If a guest is experiencing the sensation of being “too high,” smoking or vaporizing a high CBD strain may help to calm your guest.

WELCOME BAGS & THANK YOU GIFTS

OREGON THANK YOU GIFT RECOMMENDATIONS

General Prohibition: Minors may NOT possess recreational marijuana and adults may NOT deliver marijuana to a minor;. 71 Adults should not consume marijuana in front of a minor.

Responsibility: Like serving alcohol, it is the responsibility of the event hosts & parents to make sure that minors are distanced from, and have no access to, marijuana.

TIP:  Specify on the invitation that minors will not be permitted to attend the wedding; maintain entrance security to ensure this.

TIP: If minors are permitted at the wedding, ensure safety and compliance by:

  • Mentioning on the invitation that adults intending to possess or use marijuana should bring photo identification.
  • Maintain a budtender on staff to check ID and keep control of marijuana being served (with the same scrutiny as a marijuana retailer) 72
  • Create a private 21+ section for the cannabar and all marijuana consumption so as to avoid minors being exposed to smoke or acquiring marijuana. Event hosts should post signs around the entrance to the adult section that read “No Minors Permitted in this Area.”
FIND THE PERFECT THANK YOU GIFT

RESPONSIBLE GIFTING PRACTICES

RESPONSIBLE PACKAGING

OREGON RECOMMENDATIONS FOR RESPONSIBLE PACKAGING
TIP: Avoid violation of “public view” and “odor” laws by gifting cannabis to vendors and guests in child-proof & odor-proof packaging.

MINORS AT WEDDINGS

OREGON RECOMMENDATIONS FOR MINORS AT WEDDINGS
General Prohibition: A minor may not possess retail marijuana and no adult at the event may deliver marijuana to a minor. 71 No adult should consume marijuana in front of a minor.
Responsibility: Like serving alcohol, it is the responsibility of the event hosts & parents to make sure that minors are distanced from and have no access to marijuana.
TIP: Specify on the invitation that minors will not be permitted to attend the wedding; maintain entrance security to ensure this.
TIP: If minors are permitted to attend the wedding, ensure safety and compliance by:
  • Mentioning on the invitation that adults intending to possess or use marijuana should bring photo identification.
  • Maintain a budtender on staff to check IDs and keep control of all marijuana being served (with the the same level of scrutiny as a retail marijuana store). 72
  • Create a private 21+ section for the canna-bar and all marijuana consumption so as to avoid minors being exposed to smoke or acquiring marijuana. A fully enclosed tent outside, with consumption protected from public view may be best, so as to remove any possibility of smoke reaching a minor.
  • Post signs around the entrance to the 21+ section that reads: “No Minors Permitted in this Area.”
TIP: A partitioned limousine with tinted windows or mobile home with drawn shades parked in an allowable place would also segment consumption away from minors (See Taxis & Limos section).

DEFINITIONS, RESOURCES & CITATIONS

DEFINITIONS

“Cannabinoid extract” is a substance obtained by separating cannabinoids from marijuana by a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; or a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, as well as high heat or pressure. ORS § 475B.015.(5)

“Delivery” is the transfer, from one person to another of marijuana. ORS § 475.005 (8). “Except for a person acting within the scope of and in compliance with ORS § 475B.245, it is unlawful for any person to deliver marijuana.”

“Noncommercial” means not dependent or conditioned upon the provision or receipt of “financial consideration,” or “value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.” ORS § 475B.015 (7), (23).

The four categories of “marijuana items” are, “usable marijuana,” “cannabinoid concentrates,” “cannabinoid extracts,” and “cannabinoid products” which include “cannabinoid edibles” and any other product containing cannabinoids intended for human consumption or use, including topical products. ORS § 475B.015 (6)

“Place of employment” is “an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employer’s business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways,” but not a private residence. Id. ORS § 433.845.

“Public place” means 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 areas used in connection with public passenger transportation. ORS § 475B.015 (28)


WORKS CITED

I. Law Enforcement another Relevant Contact Information

Oregon Liquor Control Commission (OLCC) Recreational Marijuana Program/What’s Legal Oregon Phone: (503) 872-5000; (800) 452-6522
Email: marijuana@oregon.gov http://whatslegaloregon.com/#contact

Amanda Borup, OLCC Policy Analyst working with the Business Advisory Committee, (support for recreational businesses).
Phone: (503) 872-5456
Email: Amanda.borup@oregon.gov 1

Oregon Tobacco Prevention and Education Program
Email: More.Freshair@state.or.us https://public.health.oregon.gov/PHD/Directory/Pages/program.aspx?pid=56

Oregon State Police general information
Phone: (503) 378-3720,
Email: ask.osp@state.or.us http://www.oregon.gov/osp/Pages/contact_us.aspx

Oregon city government websites

http://bluebook.state.or.us/local/cities/citieshome.htm

Oregon county government websites

http://bluebook.state.or.us/local/counties/counties.htm

NORML Oregon State Laws & Penalties

http://norml.org/laws/item/oregon-penalties-2

II. ENFORCEMENT AUTHORITIES

The OLLC is the enforcement authority for: (i) marijuana retailer; (ii) venue with liquor license; and (iii) budtenders who are marijuana retailer employees

The Oregon Tobacco Prevention and Education Program staff enforce the Oregon Indoor Clean Air Act

City and county law enforcement (and occasionally the Oregon State Police) are the enforcement authorities for all conduct by non-marijuana business licensees.


WORKS CITED

http://www.oregon.gov/olcc/docs/news/news_releases/2016/nr_030416_BusinessAdvisoryCommittee.pdf

2 ORS § 475.525 (4),(7).

3 ORS § 475.864 (1), amended by HB 4014 (2016). Possession in excess of those quantities is illegal, punishable by Class A or B misdemeanors or Class B violation. Further, possession of any amount of cannabinoid extract not purchased from a licensed marijuana retailer may be punishable by a Class C felony. Id. Processing of cannabinoid extracts into homemade cannabinoid products is also prohibited. ORS § 475B.255, amended by HB 4014 (2016).

4 ORS § 475.864 (1).

5 ORS § 475B.015 (6)(b)

6 OAR 845‐025‐2800.

7 OAR 845‐025‐2800(3). OAR 845‐025‐2800. OAR 333‐008‐1500. Oregon Medical Marijuana Program, INFORMATION BULLETIN 2016‐14 (Clarification of Expanded Early Start and Temporary Limited Marijuana Retail Sales Rules), (June 1, 2016), http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/docume nts/bulletins/Informational%20Bulletin%202016‐ 14%20Clarification%20of%20Expanded%20Early%20Start%20and%20Temporary%20Limited%20Marijuan a%20Retail%20Sales%20Rules.pdf

8 ORS § 475B.185, amended by HB 4014 (2016).

9 OAR 333‐007‐0210 Table 1.

10 ORS § 475B.015 (6)(b)

11 ORS § 475.860, amended by HB 4014 (2016): It is usually a Class A misdemeanor, but could be a Class C felony for delivery to a person under 18 years. ORS § 475.862(2), amended by HB 4014 (2016): Unlawful delivery of marijuana within 1,000 feet of a school is a Class C felony. ORS § 47B.245, amended by HB 4014 (2016): allows, without a need for any marijuana business licensing, delivery by an adult to another adult for “noncommercial purposes” of up to 1 oz. of marijuana, up to 16 oz. of cannabinoid products in solid form, and up to 72 oz. in liquid form, and up to 16 oz. of cannabinoid concentrates at a time.

12 ORS § 475B.015 (6)(b)

13 ORS § 475B.280: it is illegal for any person “to engage in the use of marijuana items in a public place,” which is punishable as a Class B violation.

14 ORS § 475B.015 (28).
15  Technically, the law only requires that homegrown marijuana items not be possessed, produced or stored where “they can be seen by normal unaided vision from a public place,” which is punishable as a Class B violation. ORS § 475B.250.
16 ORS § 433.835; “Public place” is defined more broadly in the ICAA as “an enclosed area open to the public.”
17 ORS § 433.845.
18 Id. https://public.health.oregon.gov/PreventionWellness/TobaccoPrevention/SmokefreeWorkplaceLaw/Page s/thelaw.aspx#workplaces

19 This includes bars, restaurants, venue spaces, special events, and stores that hold a license to serve or sell alcohol; wineries, breweries, distilleries, or other businesses licensed to manufacturer alcohol; events with a caterer who serves alcohol and all other events with temporary alcohol licenses. Oregon Liquor Control Commission, Recreational Marijuana Consumption, Gifting, and Giveaways, http://www.oregon.gov/olcc/docs/publications/MJConsumptionGifitingandGiveaways.pdf. http://www.oregon.gov/olcc/LIC/docs/liquorlicensee_mjletter.pdf It is illegal for any person “to engage in the use of marijuana items in a public place,” which is punishable as a Class B violation. ORS § 475B.280.

20 https://www.oregon.gov/olcc/marijuana/pages/frequently‐asked‐questions.aspx.

21 Id.

22 ORS § 475.864.

23 ORS § 811.481. ORS § 813.010.

24 ORS § 475B.250

25 The OLCC specifically mentions wedding receptions where alcohol is served for free as exempt from getting a liquor license, while still allowing the married couple to accept donations. http://www.oregon.gov/olcc/LIC/pages/difference_license_servicepermit.aspx ; http://www.oregon.gov/olcc/LIC/pages/special_events_weddings.aspx

26 Recreational Marijuana Consumption, Gifting, and Giveaways.

27 ORS § 433.835, ORS § 433.845.

28 Financial consideration is when money, goods, or services are exchanged directly or indirectly for marijuana and it includes: cover charges, admission, donations, tip jars, raffles, fundraiser events, purchase required, barter, or sales. Recreational Marijuana Consumption, Gifting, and Giveaways.

29 P. 39 https://www.oregon.gov/olcc/docs/liquor_license_and_license_process/law_orientation/law_orientation _retailers.pdf

30 Recreational Marijuana Consumption, Gifting, and Giveaways. Caterers that provide alcohol must have a liquor license. http://www.oregon.gov/olcc/LIC/pages/difference_license_servicepermit.aspx.

31 ORS § 475B.110 (d). OAR 845‐025‐2840. Unlawful delivery of marijuana within 1,000 feet of a school also carries a greater penalty. ORS § 475.862. Even though this event is not a marijuana retailer, and there will be no unlawful delivery, following this restriction will lower liability and risk of arrest.

32 ORS § 475B.015 (28).

33 http://www.oregon.gov/olcc/LIC/pages/difference_license_servicepermit.aspx. ORS § 471.406; 471.407

34 O.R.S. § 475B.015 (28)

35 ORS § 475B.250; ORS § 475B.015 (28).

36 ORS § 433.850 (2)

37 ORS § 475B.250.

38 ORS § 221.495.

39 Portland Code, Chapter 16.

4o https://www.portlandoregon.gov/citycode/?c=28593 See the following for more taxicab regulations. http://www.orcities.org/MemberServices/AZIndex/tabid/810/itemid/2549/language/en‐US/Default.aspx 40 ORS § 433.835. ORS § 433.845

41 http://www.oregon‐weed‐tours.com/faq/. http://www.portlandcannabus.com/.

42 ORS § 813.010

43 ORS § 475B.245 (1) (b).

44 ORS § 475B.185, amended by HB 4014 (2016).

45 ORS § 811.481. HB 4014 § 49 (2016).

46 According to one source, “Law enforcement agencies have announced that they intend to treat marijuana and alcohol identically under the existing open container law.” http://stories.avvo.com/rights/marijuana/is‐marijuana‐subject‐to‐open‐container‐laws.html

47 ORS § 811.170.

48 ORS § 475B.160. OAR 845‐025‐2800 (2) (b) (A).
49 OAR 845‐025‐2880 (3).
50 OAR 845‐025‐2880 (1). A marijuana retailer may only deliver marijuana items either within the city in which it is located or within the unincorporated areas of the county in which it is located, depending on its location, and may not deliver marijuana items to a residence located on publicly owned land. OAR 845‐ 025‐2880 (7).
51 ORS § 475B.245, amended by HB 4014 (2016). ORS § 475B.250, amended by HB 4014 (2016).
52 ORS § 475B.245, amended by HB 4014 (2016).

53 OAR 845‐025‐2800.

54 ORS § 475B.245, amended by HB 4014 (2016).

55 ORS § 475B.245, amended by HB 4014 (2016). ORS § 475B.250, amended by HB 4014 (2016).

56 ORS § 475B.245, amended by HB 4014 (2016). ORS § 475B.015 (7),(23), amended by HB 4014 (2016).

57 ORS § 475B.245

58 OAR 333‐007‐0210 Table 1.

59 ORS § 475B.245, amended by HB 4014 (2016).

60 ORS § 475.864 (1) , amended by HB 4014 (2016). ORS § 475B.250, amended by HB 4014 (2016).

61 ORS § 475B.245, amended by HB 4014 (2016). ORS § 475B.015 (7),(23), amended by HB 4014 (2016).

62 The OLCC’s FAQ directly disagrees with that interpretation, imposing an strict 8 oz. ceiling per residence, noting that “recreational marijuana users can possess up to eight ounces of useable marijuana and four plants per residence in Oregon,” and that “Four adults in one residence does not mean 16 plants. The limit is four per residence.” https://www.oregon.gov/olcc/marijuana/pages/frequently‐asked‐ questions.aspx. However, the OLCC’s other FAQ at What’s Legal Oregon does not make the same statement about the possession limit per residence, noting, “Adults 21 and older can . . . possess up to 8 ounces of usable marijuana (dried marijuana flowers or leaves that are ready to smoke) in their home.” http://whatslegaloregon.com/#8oz‐vs‐1oz. Again, ORS § 475B.245 (2), amended by HB 4014, states that licensing provisions shall not apply “To the possession or storage of usable marijuana items at a household by one or more persons 21 years of age or older, if the total amount of usable marijuana at the household does not exceed eight ounces of usable marijuana at any time.” While ORS § 475.864(1)(b),(c), amended by HB 4014, states that it is unlawful to possess “more than eight ounces of usable marijuana” outside of a “public place,” without requiring that adults living together in a residence possess less than their 8 oz. because of their roommate’s possession.

63 ORS § 475.864(1)(b)

64 ORS § 475B.180. OAR 845‐025‐5540. OAR 845‐025‐5590.

65 Recreational Marijuana Consumption, Gifting, and Giveaways.

66 In fact, a tobacco program specialist closed down Oregon cannabis cafes staffed by volunteers, because they were doing the work that employees do. http://www.oregonlive.com/marijuana/index.ssf/2015/12/oregon_clean_air_rules_may_spe.html. So maybe the key point to avoid the ICAA is, even if a budtender is a volunteer, but while volunteering at the canna‐bar, he may not enter the consumption area, and the two areas are next to each other, segmented from the rest of the party, but separate from each other.

67 . ORS § 475B.205.A licensed marijuana business may not misrepresent any marijuana items to any consumer or the public

68 ORS § 475B.270(1). ORS § 475B.315. ORS § 475B.315. This prohibition applies to any person, not just to marijuana business employees. It is punishable by a Class A misdemeanor and possible third party host liability. ORS § 475B.315.

69 ORS § 475B.275.

70 OAR 845‐025‐2840 (2) (b)

71 ORS § 475B.165. “Except for a person acting within the scope of and in compliance with ORS § 475B.245, it is unlawful for any person to deliver marijuana.” It is a Class C felony for delivery to a person under 18 years. ORS § 475.860 (1). Possession of marijuana by any person under 21 years of age is illegal and punishable as a fine violation (at least $650), a Class A misdemeanor, or a Class B misdemeanor. ORS § 475.864. Attempting to purchase, acquiring or consuming marijuana items by a minor is also prohibited. ORS § 475B.260. The landlord of a private property venue could also be liable if a minor consumes marijuana items there, if the landlord is present and in control of the location and knows of the consumption.475B.270 (2)(a).

72 ORS § 475B.125. ORS § 807.400. ORS § 475B.170. OAR 845‐025‐2820. ORS § 475B.265.