(Photo credit: Brian Breneman).
Marijuana is legal in Oregon for adults 21 and older, including possession, purchases from licensed retailers and limited home cultivation. Oregon also operates a separate medical marijuana program that provides registered patients with substantially higher possession and cultivation limits and tax-free purchases.
This page covers Oregon marijuana possession limits, legal sales, home cultivation, medical marijuana, taxes, delivery, public consumption and penalties. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
Oregon Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Legal for adults 21 and older |
| Public possession limit | Up to 2 ounces of usable marijuana |
| At-home possession limit | Up to 8 ounces of usable marijuana |
| Recreational sales | Legal |
| Home cultivation | Up to 4 plants per household |
| Medical marijuana | Legal |
| Medical possession limit | Up to 24 ounces of usable marijuana |
| Medical cultivation | Up to 6 mature plants per patient, subject to grow-site limits |
| Recreational marijuana tax | 17% state tax, plus up to 3% local tax |
| Public consumption | Illegal |
| Marijuana delivery | Legal, subject to state and local rules |
| Minimum recreational age | 21 |
Is Marijuana Legal in Oregon?
Yes. Marijuana is legal in Oregon for adults 21 and older.
Oregon voters approved Measure 91 in 2014, legalizing possession, home cultivation and regulated marijuana sales for adults. Legal recreational sales began in 2015 through medical dispensaries before the state’s fully regulated adult-use retail system was established.
Adults can now purchase marijuana from retailers licensed by the Oregon Liquor and Cannabis Commission (OLCC).
Oregon has also had a separate medical marijuana program since voters approved Measure 67 in 1998.
How Much Marijuana Can You Possess in Oregon?
Adults 21 and older may possess up to 2 ounces of usable marijuana in a public place and up to 8 ounces of usable marijuana at home.
Oregon also allows adults to possess:
- Up to 16 ounces of cannabinoid products in solid form or cannabinoid concentrates
- Up to 72 ounces of cannabinoid products in liquid form
- Up to 1 ounce of cannabinoid extracts purchased from a licensed marijuana retailer
- Up to four marijuana plants
The difference between Oregon’s public and at-home possession limits is important. An adult may legally keep as much as 8 ounces of usable marijuana at home but generally cannot possess more than 2 ounces in a public place.
Can You Buy Marijuana Legally in Oregon?
Yes. Adults 21 and older may purchase marijuana from OLCC-licensed retailers without enrolling in the state’s medical marijuana program.
A recreational customer may purchase up to 2 ounces of usable marijuana at one time or within one day.
Oregon’s daily recreational purchase limits also allow up to:
- 16 ounces of cannabinoid products in solid form
- 72 fluid ounces of cannabinoid products in liquid form
- 10 grams of cannabinoid extracts or concentrates
- 10 grams of cannabinoid products intended for inhalation
- Four immature marijuana plants
- 10 marijuana seeds
Individual marijuana products are also subject to state potency, testing, packaging and labeling requirements.
How Much Is Marijuana Taxed in Oregon?
Recreational marijuana is subject to a 17% state retail tax.
Cities and counties may impose an additional local marijuana tax of up to 3% with voter approval. As a result, recreational marijuana purchases can face a combined tax rate of as much as 20% in jurisdictions with the maximum local tax.
Registered Oregon Medical Marijuana Program patients making qualifying medical purchases are not required to pay the recreational marijuana tax.
Can You Grow Marijuana at Home in Oregon?
Yes. Adults 21 and older may grow up to four marijuana plants at a household for personal use.
The four-plant limit applies to the entire household rather than to each adult living there. A household with multiple adults is still generally limited to four recreational marijuana plants.
Oregon law also restricts homegrown marijuana from being produced, processed, possessed or stored in a way that is visible from a public place by normal unaided vision.
Property owners and landlords may impose additional restrictions on marijuana cultivation at their properties.
Can You Give Marijuana to Another Adult in Oregon?
Yes. Oregon law allows an adult 21 or older to give up to 1 ounce of usable marijuana at a time to another person who is at least 21, provided the transfer is noncommercial.
No money, goods or other financial consideration can be exchanged as part of the transfer.
Selling marijuana outside Oregon’s licensed system remains illegal.
Is Marijuana Delivery Legal in Oregon?
Yes. Licensed marijuana retailers can provide home delivery in Oregon, although recreational delivery availability depends partly on local rules.
Retailers can generally deliver to adult-use customers within the jurisdiction where the retailer is located. Cities and counties may also opt in to allow marijuana deliveries from licensed retailers located in adjacent jurisdictions.
Medical marijuana patients receive broader delivery access. OLCC-licensed retailers may deliver marijuana to registered Oregon Medical Marijuana Program patients anywhere in Oregon, regardless of where the retailer or patient is located within the state.
Not every licensed retailer offers delivery.
Can You Use Marijuana in Public in Oregon?
No. Using marijuana in a public place is illegal in Oregon.
State law classifies public marijuana use as a Class B violation.
Public places can include streets, sidewalks, parks and other locations generally accessible to the public. Marijuana consumption is also prohibited at businesses licensed to sell alcohol.
Adults may generally consume marijuana on private property where the property owner allows it, subject to other applicable state and local laws.
Is Medical Marijuana Legal in Oregon?
Yes. Oregon voters legalized medical marijuana through Measure 67 in 1998.
The Oregon Medical Marijuana Program (OMMP) is administered by the Oregon Health Authority.
Registered patients receive several advantages over recreational consumers. Most notably, a registered patient may possess up to 24 ounces of usable marijuana, compared with the recreational limit of 8 ounces at home.
A patient may also have up to six mature marijuana plants grown for them at a registered grow site. Additional immature plants are allowed under Oregon’s medical marijuana rules, while overall grow-site limits vary depending on the property and the number of registered patients associated with the location.
OMMP patients can also purchase qualifying marijuana products without paying Oregon’s recreational marijuana tax.
Registered patients who are at least 18 may purchase medical marijuana from participating OLCC retailers even though recreational marijuana purchases are limited to adults 21 and older.
What Conditions Qualify for Medical Marijuana in Oregon?
Oregon law allows patients with qualifying debilitating medical conditions to participate in the state’s medical marijuana program.
Qualifying conditions include:
- Cancer
- Glaucoma
- HIV/AIDS
- Post-traumatic stress disorder
- A degenerative or pervasive neurological condition
- Cachexia
- Severe pain
- Severe nausea
- Seizures, including seizures caused by epilepsy
- Persistent muscle spasms, including spasms caused by multiple sclerosis
Oregon law also allows the Oregon Health Authority to approve additional conditions through its regulatory and petition processes.
What Are the Penalties for Illegal Marijuana Possession in Oregon?
Oregon’s penalties for illegal marijuana possession depend on the amount involved and whether the marijuana is possessed in public or elsewhere.
For an adult 21 or older, possessing more than 2 ounces but no more than 4 ounces of usable marijuana in public is generally a Class B violation.
Possessing more than 4 ounces but no more than 8 ounces in public is generally a Class B misdemeanor. Larger quantities can result in a Class A misdemeanor or felony charges depending on the amount and circumstances.
For possession outside a public place, including at home, the legal limit is generally 8 ounces of usable marijuana. Possessing more than 8 ounces but no more than 16 ounces is generally a Class B violation, while possessing more than 16 ounces but no more than 32 ounces is generally a Class B misdemeanor.
More serious penalties apply as the amount increases.
Oregon also imposes separate penalties for exceeding the state’s home cultivation limit. An adult who unlawfully grows more than four but no more than eight marijuana plants at a household can face a Class B misdemeanor. Growing larger numbers of plants can result in more serious criminal charges, including felony charges in certain circumstances.
Can Oregon Cities and Counties Ban Marijuana Businesses?
Yes. Oregon law allows cities and counties to prohibit or restrict certain licensed marijuana businesses within their jurisdictions.
Local governments may also establish time, place and manner regulations governing marijuana businesses.
However, local restrictions on commercial marijuana businesses generally do not eliminate the rights provided under state law for adults to possess marijuana or grow marijuana for personal use within Oregon’s legal limits.
Is Driving While High Illegal in Oregon?
Yes. Driving while impaired by marijuana is illegal in Oregon.
Marijuana legalization does not protect a driver from prosecution for driving under the influence of intoxicants.
Unlike some states, Oregon does not rely on a specific THC blood concentration alone to establish marijuana impairment. Driving cases can instead involve evidence concerning a driver’s behavior, physical condition, performance on sobriety tests and other circumstances.
Drivers should also remember that transporting marijuana across state lines remains illegal under federal law, even when traveling between two states where marijuana is legal.
Official Sources
Oregon Health Authority: Cannabis Laws in Oregon
Oregon Liquor and Cannabis Commission: Marijuana Frequently Asked Questions
Oregon Revised Statutes Chapter 475C: Cannabis Regulation
Oregon Health Authority: Oregon Medical Marijuana Program Frequently Asked Questions
Oregon Department of Revenue: Marijuana Taxes
