Important information on Measure 91

• Marijuana (Pot) DUI Frequently Asked Questions – Once Measure 91 goes into effect on July 1, 2015
• Marijuana (Pot) Frequently Asked Questions – Once Measure 91 goes into effect on July 1, 2015

July 1, 2015 marks the beginning of legal recreational marijuana in the state of Oregon. This represents a substantial change in the laws regarding marijuana. Within certain limits, recreational marijuana will be legal.

Beyond the laws surrounding marijuana, marijuana itself has changed quite a bit over the course of the last few decades. Marijuana is commonly understood to be plant material and generally in the form of a flower. Through developments in science and creativity used in medical marijuana programs marijuana now comes in various forms. Over the past few decades people have utilized the effects of marijuana in ways that do not require smoking the plant material. Under certain conditions marijuana can be converted to be used in food products (like candies, chocolates, brownies, cakes and sauces). Marijuana can be converted into other products like salves, oils and ointments. Marijuana can also be converted into liquid form for use in tinctures, soft drinks, juices and even smoothies.

The new law, Measure 91, allows for people that are 21 years of age or older to legally possess up to 1 ounce of marijuana in public, and up to 8 ounces of marijuana plant material in private, or alternatively, up to 72 ounces of liquid marijuana product, or alternatively up to 16 ounces of a solid marijuana product. Additionally, Measure 91 allows for people above the age of 21 to grow marijuana at their home. The law allows for a household to have up to a total of 4 marijuana plants.

The law also allows for people to give marijuana to each other. Under this law a person is allowed to give to another person up to one ounce of homegrown marijuana plant material, up to 16 ounces of homemade marijuana product in its solid form, and up to 72 ounces of homemade marijuana product in its liquid form. The law requires that all parties involved in sharing marijuana must be at least 21 years of age.

The new law does not allow for the selling of homegrown marijuana or homemade marijuana product. The selling and buying of marijuana and marijuana products will not become legal for recreational marijuana until the Oregon Liquor Control Commission (OLCC) designs a process for accepting business applications for the marijuana industry. Measure 91 requires OLCC to begin accepting these types of license applications no later than January 4, 2016. So, retail marijuana will likely not be available until sometime in 2016. The marijuana dispensaries that exist under the medical marijuana act still remain and are not affected by this new law.

While Measure 91 legalizes some marijuana use, there are no changes to Oregon’s DUI laws. Just like with alcohol, you can be arrested for driving under the influence of marijuana, and for years now, the Reynolds Defense Firm has helped good people charged with marijuana-based DUI’s.