Oregon Medical Marijuana Grower Laws
Growing information, limits & more | Contact OMMP Lawyer Here
How much medical marijuana can I grow?
The laws in regards to growing are very straightforward; you cannot grow more that 6 mature plants and 18 seedlings at any one time. A seedling is a plant less that one foot tall or wide and a mature plant is anything over 1 foot. There are no specific laws saying how big a mature plant can get either. Once the plants are harvested you will want to make sure you have only 24 ounces of usable marijuana.
(a) May produce marijuana for and provide marijuana to a patient or that person's designated primary caregiver as authorized under ORS 475.300 to 475.346 and these rules;
(B) May possess up to six mature plants and up to 24 ounces of usable marijuana for each patient or caregiver for whom marijuana is being produced;
(C) May possess up to 18 marijuana seedlings or starts for each patient for whom marijuana is being produced;
(4) A grower may produce marijuana for no more than four patients or designated primary caregivers concurrently.
(5) A patient, the designated primary caregiver for a patient and the grower must have, in his or her possession, his or her OMMP identity card when transporting marijuana. A patient must have, in his or her possession, his or her OMMP identity card when using marijuana in a location other than the residence of the cardholder.
Will the police come to my house and check my number of plants?
This is always a possibility but it is very rare. As long as you are within your legal limits, and can control the smell, you will have no problems. The main problems occur if there is criminal activity around your residence or excessive smell issues. While it is legal for you to grow, it is best to do it very discretely. You can also be a target if the patient, grower or caregiver gets in trouble with the law. The Oregon OMMP law states:
(1) The Department may, at any time, contact a patient, designated primary caregiver, grower, or a patient's attending physician by telephone, mail or in person to verify the current accuracy of information included in the registration system. This authority does not extend to allowing Department staff to routinely search the person or property of a person who possesses a registry identification card, a grow site, or to search the property of an attending physician.
(2) Notwithstanding section (1) above, the Department may, when it has reason to believe a violation of ORS 475.300 to 475.346 has occurred, either conduct an investigation to collect evidence of a violation of the Oregon Medical Marijuana Act, or arrange for this responsibility to be assumed by the proper state or local authorities. Such violations include, but are not limited to:
(A) Failure by a patient to notify the Department of any change in the patient's name, address, attending physician, designated primary caregiver, grower, or grow site location.
(B) Failure by a patient, designated primary caregiver, or grower to return the OMMP identity and registry identification cards to the Department within seven calendar days of the patient's notification of the diagnosis that the patient no longer has a debilitating medical condition.
(C) Failure by a designated primary caregiver or grower to return the OMMP identity and registry identification cards to the Department within seven calendar days of notification by the patient that the person's designation as primary caregiver or grower has been terminated.
(D) Submission of false information by a patient, designated primary caregiver, grower, or attending physician during the registration or registration renewal process.
(E) Conviction of a patient, designated primary caregiver, or grower of a marijuana-related offense that occurred after the date of issuance of a registry identification card.
What will happen if I have over the legal limit amount of plants or medicine?
If you are caught with more that your designated limit, it is up to the police to determine a consequence for you. In the past, police have just confiscated the extra amount but also in some cases they can charge you for possession or distribution. STAY WITHIN YOUR LEGAL LIMITS.
Can I grow within 1500 ft of a school zone?
This is a grey area in the law. It doesn’t state that you cant but it doesn’t say you can. Here is something discussion on the matter…
The only reason people ask this questions is because normally, if you get caught growing marijuana ILLEGALLY within 1500 ft of a school zone the punishment is has a mandatory minimum of many years in prison. Note the key word illegally! If you are growing legally, you should have nothing to worry about. All you can do is refer to the OMMP Laws, and make an educated decision. Just ask yourself the questions, “if the police came to my house, would I regret what they might see?” Stay withing the designated limits.
Where can I get information on how to grow marijuana?
The Internet is filled with great information on how to grow marijuana for yourself. There is information on every aspect of growing, from system set up, to strains, to harvesting Link. Having a separate grower and be very complicated, if you can grow for your self, do it.
How much medical marijuana can my grower posses at anyone time?
An Oregon medical marijuana grower cannot posses more that 24 ounces of useable marijuana at any time. While the grower and caregiver also have these limits, it is a collective limit, meaning that if you, your grower and caregiver are in one car, the total you 3 can posses is 24 ounces (not 24 ounces times 3 people).
How much does it cost to grow my own medicine?
This is completely dependant and the scale of your grow operation. You can start with a system that costs around $300 or as much as $3000+ for a professional set up.
Can I get a medical marijuana card or be a grower, if I have a felony related to illegal drugs?
The Department shall conduct a criminal background check on the grower as authorized under ORS 475.304.
(A) A person convicted of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, if the offense occurred on or after January 1, 2006, may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder for five years from the date of conviction.
(B) A person convicted more than once of a Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II, if the offenses occurred after January 1, 2006, may not be issued a marijuana grow site registration card or produce marijuana for a registry identification cardholder.
(C) The Department will notify a patient by certified mail that the grower is ineligible and the patient will be given the opportunity to identify another grower.
Can I grow marijuana in a rental house or apartment?
Is it legal for my landlord to evict me once he finds out that I have my own marijuana grow site within our housing? Is it possible for me to stay in a subsidized housing while I am an OMMP patient?
The decision to inform your landlord that you are an OMMP patient depends on you entirely. OMMA does not specifically state if a landlord can evict an OMMP patient or not even though he only owns the legal amount of marijuana allowable. OMMP does not specifically state whether an OMMP patient can stay in a subsidized house or not. OMMP advises people with important concerns to consult an attorney for better understanding of their rights and other legal matters.