Measure 91 is a state law that allows anyone in the state of Oregon over the age of 21 years old to have up to eight ounces of “useable” marijuana in their home, and up to one ounce on their person (useable marijuana is described as “dried marijuana flowers or leaves”).
Why you should care if you don’t live in Oregon:
These laws apply to visitors as well. No Oregon residence is necessary for purchase.
Where you can pick up your pot:
How much can I buy?
It is only legal for an individual to purchase 7 grams, one-quarter ounce, of marijuana per day. A given dispensary will only sell you up to this limit. However, because names are not recorded, there is no way keeping you from going to another collective.
Recreational?
Measure 91 was altered slightly after it passed. Starting Oct. 1, 2015, dispensaries that initially sold medical marijuana are now allowed to sell recreational marijuana as well.
The Oregon Liquor Control Commission plans to issue licenses to strictly recreational businesses in 2016 (this includes growers, processors, wholesalers and retail outlets). Recreational dispensaries will be located in specific zones (1000 ft. away from schools, etc.), but city and county governments have the right to implement other laws and “reasonable regulations regarding the location of marijuana businesses…”
Grow it myself?
It has been legal to grow marijuana for personal use since July 1, 2015. It is legal to grow up to four plants on your own, private property. If you do not own your property, landlords have the right to ban marijuana growing and smoking on their properties. Essentially, existing tenant laws still apply.
Delivery?
In some states, delivery services are available, but Oregon is not one of them. Oregon has prohibited these services for recreational use, but medical patients can still order their weed straight to their door.
What about wax?
So this is important. No. You cannot have wax, oil, hash, concentrates etc. unless you are a medical patient. Sorry guys, no (legal) dabz for dayz (yet).
Even edibles?
Nope. Your recreational munchies may not be “marijuana-infused.” Nor can you use topical products and creams. Some are hoping the OLCC will make adjustments to these laws when they launch their plan for recreational sales in 2016.
Where to smoke:
Can I smoke in bars and designated cigarette smoking areas?
Cannabis cannot be smoked in public places, at all. Any place that has a liquor license or serves alcohol is most definitely a public place. This includes designated smoking areas (DSA’s). Any place that breaks these rules may have their liquor license taken away.
College campuses?
Here’s an important one… No! Most schools, private and public, are federally funded (think FAFSA), which means they have to follow federal laws. This means continuing anti-drug campaigns that include cautions against marijuana. In fact, many colleges are altering their policies and campaigns to highlight that cannabis is still illegal in colleges.
So where can I smoke?
You can smoke at your house, you can smoke at your friend’s house, but don’t smoke your friend’s house. Seriously, any private property. It doesn’t have to be yours but it has to be owned by an individual (as opposed to the apartment your homie is renting or their dad’s storage locker). You can’t smoke on the bus or Tri-Met either.
An important little piece of this is that no one can see you. This means you can’t smoke a joint with your beer in a rocking chair on the front porch. If your neighbors or anyone else can see you then it’s considered a public place (Yes, we know it’s your property, and yes, you can still tell people to get off your lawn). If you break these laws, it’s equivalent to a traffic ticket and can cost you up to $1,000. This is equivalent to the street value of just under quarter pound of weed...
How it is and isn’t like alcohol:
Who's in charge?
So if you live in Oregon, you may have heard a lot of, “What?! The OLCC is in charge?! Nooooooo!!” But, hold your horses underage drinkers and smokers! They can’t actually bust you for smoking or selling. The OLCC does more tax and commercial regulation. “The OLCC does not regulate the home grow/personal provisions of the law. Nor does it regulate the sale of small amounts of recreational marijuana…” The OLCC will also be the organization in charge of issuing licenses.
OLCC? What is that?
The Oregon Liquor Control Commission. If you are under 21, own a bar, have a liquor license for your restaurant, or like to drink in public, then you probably don’t like these guys. They are a comission left over from the prohibition times. Read more here.
And for those of us who aren’t 21 yet...?
There is nothing in Measure 91 that explains punishment for those under 21. Punishment and laws regarding minors are likely to stay the same, regarding illegal possession as a misdemeanor subject only to fines. Read more here.
If you are over 21 and purchase marijuana for a minor though, you could be charged with a class C felony. Even if you are a convicted felon though, you may still purchase marijuana upon release.
Other things you should know:
What will they know about me?
Well the government will not know your name. According to the Oregonian, “Dispensaries are not required to record the names of people buying recreational marijuana. [They] are required to document whether you bought dried flowers, joints, plants or seeds . . . the amount of marijuana you buy, as well as your birthdate, the sale price and the date.”
What about work? Can they fire me?
Yes they can! “Measure 91 does not affect existing employment law.” If you are required to take drug tests for work, they can still issue these and fire you for testing positive for cannabis.
Can I get a DUI?
Absolutely! There is this thing called a “DUII” (driving under the influence of intoxicants) and marijuana is indeed an intoxicant, in a car or on a bike. It is not clear how Oregon plans to enforce or properly regulate these laws, but the OLCC is required to come up with a plan for this, among other things, by 2016.
Marijuana being legalized in the state of Oregon has excited people everywhere - hippies hoping to relive their heydays, grad students trying to get high before bed, and more. It is important, however, to be aware that there are specific and strict regulations on this new measure. And remember, “Ignorantia juris non excusat.”