To obtain a medical marijuana grow license in Oregon, a patient or caregiver must provide the Oregon Medical Marijuana Program (OMMP)[efn_note]Oregon Medical Marijuana Program, 2020[/efn_note] the name and address of the grower. Once approved by the state a patient or caregiver can grow 6 mature plants and 12 immature plants. Curious about plant limitations? Read Oregon’s Plant Limits Chart[efn_note]Oregeon Health Authority, OMMP Plant Limits, 2020[/efn_note]. If you are growing cannabis for a patient in the state of Oregon and are a renter, you must still be approved through your landlord as well. A grower must be 21 or older and cannot grow for more than 8 patients at a time. To better understand your limits as a patient or caregiver read Oregon’s Reporting and Tracking Requirements[efn_note]Oregon Health Authority, Reporting and Tracking Requirements for Medical Marijuana Growers, 2020[/efn_note].
Recreational growing is allowed for adults over the age of 21. However, there are strict laws and requirements to follow to grow cannabis legally. A person can either be a designated grower for a patient or grow in their own home on private property.
The journey of cannabis in the pioneer state Oregon begins in the 1970s when it was the first state to decriminalize possession of small amounts of cannabis in 1973. In 1998 on Ballot Measure 67 the state legalized medical marijuana. As of 2014, adult-use and possession of cannabis became legal to sell to individuals 21 and older. Because cannabis is legal in Oregon marijuana grow licenses have been allowed medicinally and recreationally. Zoned Properties is going to give you the information you need to properly, legally, and safely grow your cannabis.
Laws are ever-evolving in the state of Oregon to help better the cannabis industry, so it’s important to understand what can and cannot harm you when growing cannabis. Because marijuana is legal for both medical and adult-use in Oregon there are no requirements to recreationally grow cannabis for yourself at home. However, if you are a patient growing for yourself, or a caregiver growing for others it’s important to follow all requirements and receive your permits through the Oregon Medical Marijuana Program (OMMP)[efn_note]Oregon Medical Marijuana Program, 2020[/efn_note].
Because marijuana is legal for both medical and adult-use in Oregon there are no requirements to recreationally grow cannabis for yourself at home, staying within the laws.
If you are growing cannabis recreationally then you won’t need to obtain a marijuana grow license. It is legal to grow cannabis in your own home; however, you must receive permission from the landlord if you are a renter. It is important to keep all plants out of the view of the public eye. If you are 21 or older you can grow up to four plants per household. If you are caught growing more than 4 plants the consequences can include prison and a fine up to $125,000. Keep in mind distance from schools and religious institutions if and when growing cannabis.
Oregon has been a pioneer in the cannabis industry for businesses and people alike. It’s crucial to stay on top of the ever-changing laws in Oregon for your health and safety. Although Zoned Properties has broken down how to obtain a marijuana grow license for both medical and adult-use the requirements, fines, and distance from schools can change over time. If you are looking for more information on how to obtain a marijuana grow license in Oregon review the OMMP website[efn_note]Oregon Health Authority, Oregon Medical Marijuana Program, 2020[/efn_note].
Prospective cannabis business professionals should be aware that recreational and even medical marijuana is illegal under the Controlled Substances Act at the national level. Every year the cannabis industry gets closer to national legalization, but until that happens cannabis businesses should be aware of the risk of serious civil and criminal penalty for violation of the Controlled Substances Act. And while the passage of the 2018 Farm Bill allows hemp businesses to grow, process, and sell cannabis product with less than 0.3% tetrahydrocannabinol (“THC”) without violating federal law, the bill did not legalize recreational marijuana. Nonetheless, many states, including Oregon, have developed a state regulatory system for medical and recreational marijuana despite federal prohibition.
Review the Oregon Administrative Rules
The next step is to ensure compliance with local land use regulations; even jurisdictions that allow recreational marijuana businesses still restrict the time, place, and manner of marijuana business operations. In fact, as part of the OLCC’s license application process, applicants must submit a valid Land Use Compatibility Statement form (“LUCS”). The LUCS is the OLCC’s way of ensuring that each applicant has reviewed land use restrictions and received approval from the local county or city. Applicants will need to take the LUCS to their local planning department for signature, which will likely trigger the local planning department to inform you of a required land use application. The OLCC will not review an application that does not have a valid LUCS, so getting an approved land use application is a must.
Finish the OLCC’s Applicable Forms
Before applying for a recreational marijuana license with the OLCC, a business should make sure its proposed operation will be in compliance with local rules. Many jurisdictions in Oregon do not allow certain license types within their city or county limits. The list of Oregon municipal- and county-wide bans on recreational marijuana types is located here: https://www.oregon.gov/olcc/marijuana/Documents/Cities_Counties_RMJOptOut.pdf. Notice certain cities may have rules contrary to their surrounding county; make sure your proposed property is actually within the jurisdiction that authorizes your recreational marijuana license type.
In November 2014, Oregon voters approved Measure 91, legalizing marijuana for personal recreational use. Recreational marijuana became legal for personal use in Oregon on July 1, 2015.
The approved regulations allowed marijuana businesses in the following zones:
In December 2015, the Board of County Commissioners adopted land use regulations for marijuana production, processing, wholesaling and retailing.
The ordinance, ZDO-271, permits only one State-authorized marijuana production site on a tract of land (one or more contiguous lots of record under the same ownership) in the Ag/Forest (AG/F), Exclusive Farm Use (EFU) or Timber (TBR) zoning districts. That means the tract of land is limited to one of two production sites:
Questions? Contact Glen Hamburg at [email protected] or 503-742-4523.
The regulations apply only in unincorporated Clackamas County.
In November 2016, county voters approved a 3% sales tax on recreational marijuana. The tax, which only applied to unincorporated areas of the County, took effect Feb. 8, 2017.
A new zoning ordinance went into effect March 1, 2019, which limits the number of marijuana production premises permitted on a tract of land in three specific zoning districts.
The Board of County Commissioners approved narrowly defined sets of amendments to county regulations to do the following: