MARIJUANA (POT) FAQ – Once Measure 91 goes into effect on July 1, 2015

Q: When will recreational Marijuana be legal?

A: Measure 91 will allow for the personal possession and use of recreational marijuana starting on July1, 2015.

Q: Is there an age limit for legal marijuana?

A: Measure 91 allows for people that are 21 or older to participate in recreational marijuana.

Q: As a parent, may I allow my under 21 year old child to consume marijuana in private or in our home?

A: No.

Q: How much marijuana can I possess legally under Measure 91?

A: Measure 91 will allow for the possession of up to 1 ounce in a public place and up to 8 ounces of marijuana in private and each residence can have up to 4 plants as long as they are not visible to the public.

Q: What does “in a public place” mean?

A: The Oregon legislature has defined “public place” as any location that the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

Q: Can I consume marijuana in a public place?

A: No you cannot. Even medical marijuana may not be consumed in a public place

Q: Will measure 91 affect my current medical marijuana card status?

A: Measure 91 does not alter the rules of the medical marijuana program.

Q: Where and when can I purchase marijuana once it is legal recreationally?

A: The retail sale of marijuana will not be legalized and regulated by the OLCC until 2016. OLCC is required to begin accepting applications to license retailers by January 4, 2016.

Q: How do I determine how much marijuana weighs when it is in a food product or some other form than the flower?

A: You have to weigh the whole end product, not just the marijuana. Measure 91 allows for the making of marijuana product in one’s home as long as the solid product itself does not weigh more than 16 ounces.

Q: How much of a liquid marijuana product may I lawfully possess under the recreational marijuana law?

A: Measure 91 allows of the making of homemade liquid marijuana products, such as spaghetti sauce, as long as the total amount of liquid marijuana product in that household is 72 ounces or less.

Q: Can the possession of recreational marijuana affect my concealed handgun license?

A: Yes, under federal law a person may not possess a firearm in conjunction with possession an illicit controlled substance. Therefore, you could lose your privilege of a concealed handgun license if it can be established that you possessed a firearm and marijuana at the same time.

Q: Can I be charged with a crime even if I am in possession of amounts of marijuana that measure 91 allows?

A: Under measure 91 it is still unlawful to sell marijuana unless properly licensed. A person can be accused of unlawfully possessing, selling or manufacturing marijuana even if the person only possesses less than the allowable amount if the circumstances can establish that an illegal sale occurred or a person is involved that is under the age of 21.

Q: Can I sell marijuana once it becomes legal recreationally?

A: Not without a license. Measure 91 has directed OLCC to regulate and tax the recreational sales of marijuana. Measure 91 directs the OLCC to accept applications for licenses to sell, produce, process and wholesale marijuana by January 4 of 2016. Only those properly licensed may lawfully sell marijuana.

Q: Can I travel back and forth between Washington and Oregon with marijuana once measure 91 goes into effect?

A: No. Even though it appears that both states have legal recreational marijuana, the transfer between states is not authorized under Measure 91 and is illegal under federal law.

Q: How many plants will I be able to legally grow under Measure 91?

A: Each household may legally grow 4 marijuana plants.

Q: What if I grow 4 plants lawfully but they produce more than 8 ounces of MJ?

A: The law is not as forgiving as some may hope. Measure 91 allows for a person to possess eight ounces of the flower form of marijuana. Measure 91 allows for a residence to grow up to 4 plants. Measure 91 sets both of these numbers as limits. That means that you may not exceed either, so if you produce more than 8 ounces of marijuana from 4 plants you would violate the rule by going over the 8 ounce measurement.

Q: Can Child Protective Services take action even if I am under the limits allowed by measure 91?

A: Measure 91 does not change any rules for Child Protective Services. Child Protective Services may investigate any issue that involves the possible endangerment of a minor, which can even include a child’s access to marijuana.

Q: Can my landlord prevent me from growing marijuana?

A: Measure 91 makes no changes to current landlord tenant law. Q: Can my boss fire me if I consume marijuana on my private time?

A: Measure 91 makes no change to current employment law

Q: Can I possess marijuana in a national forest or park?

A: No, marijuana is not legal under federal law. Federal land is governed by federal law.

Q: Can I possess recreational marijuana on Tribal land?

A: Tribal lands are governed by the laws of the sovereign nation that encompasses that land. Measure 91 has no effect upon tribal laws.

Q: Can I consume marijuana in a forest or park?

A: No. The definition of a “public place” in Measure 91 specifically identifies parks or forests as a public place. Consuming marijuana in a public place is not allowed under Measure 91.

Q: Does having a medical marijuana card prevent my boss from firing me if I test positive for a urine test or blood test from my employer?

A: No. A medical marijuana card does not necessarily prevent an employer from enforcing their own rules regarding the use of controlled substances. The Oregon Medical Marijuana Act does not affect current employment law and the Oregon Medical Marijuana Act does not provide protections such as those under the Americans with Disability Act.

Q: When will OLCC accept applications for business licenses in the marijuana industry?

A: Measure 91 requires the OLCC to begin to accept applications for licenses on January 4, 2016.

Q: How much homegrown marijuana can I give to someone else who is also 21 years of age or older?

A: One ounce at the most. Measure 91 allows for the delivery of not more than one ounce of homegrown marijuana at a given time, and both people involved must be above the age of 21.

Q: How much homemade solid marijuana product may I give to someone else?

A: Measure 91 allows for the delivery of not more than 16 ounces of homemade marijuana products in solid form as a given time, and both parties involved must be at least 21 years of age.

Q: How much homemade liquid marijuana product may I give to someone else?

A: Measure 91 allows for the delivery of not more than 72 ounces of homemade marijuana product in liquid form, and both parties must be above the age of 21.

Q: Can I smoke marijuana in my backyard if the smoke goes over my fence?

A: It is difficult to say how this issue will be treated under Measure 91. Measure 91 allows for the consumption of marijuana, as long as the consumption is not in public. It is difficult to anticipate if the use of the term “in public” only means in public view or whether odor could be considered to violate the “in public” rule. Some jurisdictions are considering drafting their own municipal codes to specifically address this issue. A good starting point might be to avoid any possibility of breaking the rule by not allowing smoke or odor to escape the private confines of a home.

Q: Can I smoke marijuana at an outdoor concert?

A: Legally, no, you can’t smoke at an outdoor concert. It is likely that a concert venue would be considered a public place. Measure 91 does not allow for consuming marijuana in public places

Q: Can I grow marijuana in my front yard?

A: No, you can’t grow marijuana in your front yard, - marijuana may not be grown or stored in a place that can be seen from a public place.

Q: Can I make my own extracts of marijuana?

A: Measure 91 only allows for people above the age of 21 to possess extracts that were produced from a licensed marijuana retailer. So extracts will be legal once the retail system is in place.

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