Oregon Marijuana Laws 2026
Marijuana is fully legal in Oregon in 2026 for both recreational and medical use. Oregon has one of the longest legalization histories in the country — medical marijuana has been legal since 1998 and recreational was legalized by voters in 2014. Adults 21 and older can possess up to 2 oz in public, grow up to 4 plants at home, and buy from hundreds of licensed dispensaries. A 2026 law (Ryan’s Law) extended medical cannabis access to patients in hospice and palliative care.
Last reviewed: May 2026 — laws change, always verify with a licensed attorney.
Recreational Status
Fully Legal
Since 2014 (Measure 91); retail since Oct 2015
Medical Status
Fully Legal
Since 1998 (Oregon Medical Marijuana Act)
Possession Limit
2 oz flower in public
8 oz at home; 1 oz concentrate in public
Home Cultivation
Up to 4 plants
Must be out of public view
Recreational use
Oregon voters legalized recreational marijuana with Measure 91 in November 2014 — one of the earliest states to do so. Licensed recreational retail sales launched October 1, 2015. Oregon has one of the longest-running cannabis markets in the country and also one of the most established medical programs, dating to 1998.
| Legal age | 21 and older |
| Where to buy | Licensed OLCC retailers — both recreational and medical dispensaries can sell to adults 21+ |
| Purchase limit per visit | 1/4 oz per person, per day at a licensed retailer |
| Public consumption | Prohibited — consumption in vehicles, sidewalks, parks, and public spaces is illegal |
| Driving while impaired | Illegal |
| Delivery | Available from licensed retailers |
Possession limits
Oregon distinguishes between possession in public and at home. Adults 21 and older can possess up to 2 oz of flower in public (this was raised from 1 oz in December 2021). At home, you can have up to 8 oz.
| Public — flower | Up to 2 oz — no penalty |
| At home — flower | Up to 8 oz — no penalty |
| Public — concentrate (extract) | Up to 1 oz — no penalty |
| At home — solid-infused products | Up to 16 oz — no penalty |
| At home — liquid-infused products | Up to 72 oz — no penalty |
| Medical patient limit | 24 oz flower |
Public possession penalties
| Amount in public | Classification | Max jail | Max fine |
|---|---|---|---|
| 2 oz or less | No penalty | None | $0 |
| Over 2 oz to 4 oz | Class B Misdemeanor | 6 months | $2,500 |
| Over 4 oz | Class A Misdemeanor | 1 year | $6,250 |
Note: A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana can result in an automatic 6-month suspension of driving privileges.
Home growing
| Plants per adult (recreational) | Up to 4 plants |
| Must be out of public view | Yes |
| Medical patient limit | Up to 6 mature plants + 12 immature plants |
Growing more than 4 plants without a license is a felony — 5 years and up to $125,000. Growing near a school carries even heavier penalties. Personal home gardens are exempt from manufacture penalties, but only within the 4-plant limit.
| Amount | Classification | Max jail | Max fine |
|---|---|---|---|
| Up to 4 plants (out of public view) | No penalty | None | $0 |
| Over 4 to 8 plants | Class B Misdemeanor | 6 months | $2,500 |
| Over 8 plants (unlicensed) | Class C Felony | 5 years | $125,000 |
| Any amount within 1,000 ft of school (unlicensed) | Class A Felony | 20 years | $375,000 |
Sale, distribution, and other penalties
Gifting up to 1 oz to another adult without payment is legal. Any transfer over 1 oz without payment is a violation. Any sale outside the licensed system is a crime that scales sharply with quantity and circumstances.
Sponsored — Criminal Defense Attorney
Facing a marijuana charge in Oregon?
An experienced Oregon criminal defense attorney can review your case, explain your options, and help you understand whether your record qualifies for conviction relief under Oregon’s recent expungement laws.
[Attorney Name] — [Firm Name] — [City, OR] — [Phone Number]
Oregon medical marijuana program
Oregon’s medical program is the second-oldest in the country, established in 1998 under the Oregon Medical Marijuana Act. With recreational cannabis fully legal, a medical card is optional for adults 21+ — but it still provides advantages: significantly higher possession limits (24 oz vs. the 2 oz public limit for recreational users) and more generous cultivation rights.
Note: Oregon charges the highest medical patient registration fee in the country at $200 per year. Reduced fees are available for veterans, SNAP recipients, SSI recipients, and Oregon Health Plan enrollees.
| Program established | 1998 (Oregon Medical Marijuana Act) |
| Patient possession limit | 24 oz of usable flower |
| Patient cultivation | Up to 6 mature plants + 12 immature plants |
| Annual registration fee | $200 (reduced fees available for qualifying patients) |
| Caregivers allowed | Yes — one caregiver per patient; caregiver must be 18+ |
| Out-of-state cards accepted | No reciprocity |
| Hospice and palliative care | Yes — HB 4142 (Ryan’s Law, 2026) extended access to patients in these settings |
Qualifying conditions
A licensed Oregon physician must provide a signed recommendation confirming cannabis may mitigate the patient’s debilitating condition. Qualifying conditions include: Alzheimer’s disease, cachexia, cancer, chronic pain, glaucoma, HIV/AIDS, nausea, persistent muscle spasms, post-traumatic stress, and seizures. Other conditions may be approved at physician discretion.
Official resources
- Oregon Liquor and Cannabis Commission (OLCC) — licensing and public resources
- Oregon Medical Marijuana Program — Patient Information
- NORML Oregon — current laws and penalties
Taxes and consumer rights
What tax do I pay at an Oregon dispensary?
Oregon imposes a 17% state retail cannabis tax on recreational purchases. There is no state sales tax in Oregon, so that’s the total state-level tax. Some jurisdictions add a local tax of up to 3%. Retailers can retain 2% of the state tax collected to help cover administrative costs.
Can employers drug test for cannabis?
Oregon law does not currently provide strong employment protections for off-duty cannabis use. Employers can still drug test and take adverse action based on cannabis use, including for employees with medical cards. A 2025 bill that would have established protections (SB 176) did not pass. If you have a workplace situation involving cannabis, consult an employment attorney.
Prior convictions — what happened with Measure 110?
Measure 110, passed by voters in 2020, decriminalized personal possession of small amounts of hard drugs (heroin, meth, cocaine) and redirected cannabis tax revenue to treatment services. In September 2024, the legislature rolled back the hard drug decriminalization provisions — those substances are again criminal misdemeanors. Cannabis was not affected by this rollback, since cannabis is already legal for adults 21+.
A separate 2025 law (HB 3825) cleared any outstanding remedies from prior convictions for possession of under 1 oz of marijuana, effective September 26, 2025.
Sponsored — Cannabis Business Attorney
Starting or operating a cannabis business in Oregon?
OLCC licensing, compliance, and business formation for Oregon cannabis producers, processors, wholesalers, and retailers in one of the country’s most established legal markets.
[Attorney Name] — [Firm Name] — [City, OR] — [Phone Number]
Recent changes
- 2026 — HB 4142 (Ryan’s Law): Extended medical cannabis access to patients in hospice and palliative care settings in Oregon, a meaningful expansion of patient rights for end-of-life care.
- September 2025 — HB 3825: Cleared any outstanding remedies (including monetary obligations) from prior convictions for possession of less than 1 oz of marijuana. If you had a conviction of this type, the remaining penalties expired as of September 26, 2025.
- September 2024 — Measure 110 rollback: The Oregon legislature recriminalized personal possession of small amounts of hard drugs (heroin, meth, cocaine). This rollback did not affect cannabis, which remains fully legal for adults 21+.
- December 2021 — Public possession limit raised: Oregon raised the public possession limit from 1 oz to 2 oz of flower, and set the public concentrate limit at 1 oz. Home limits were unchanged at 8 oz of flower.
- October 2015 — Recreational retail launched after voters approved Measure 91 in November 2014.
- 1998 — Medical marijuana legalized under the Oregon Medical Marijuana Act, making Oregon one of the first states in the country to do so.
- 1973 — First state to decriminalize: Oregon was the first state in the U.S. to decriminalize possession of small amounts of cannabis.
