Legally Growing Marijuana in Oregon

2009.04.27

Did you know that there are states in the USA where it is perfectly legal to grow your own marijuana as long as you meet certain qualifications? For example the state of Oregon passed the Oregon Medical Marijuana Act several years ago. The Oregon Medical Marijuana Act provides that medical marijuana users who follow its requirements will not be prosecuted by the state for possession, production, or delivery of marijuana. This Act does not protect the caregiver or patient from prosecution nor does it protect cannabis plants by the federal government under the Controlled Substance Act.

To be approved as a participant in the Oregon Medical Marijuana Program, the patient must resident a resident of the State of Oregon and the grow site must be listed in Oregon. The patient must have qualifying debilitating medical condition that is listed on the Attending Physician’s Statement. The physician must be a Doctor of Osteopathy (DO) or a Doctor of Medicine (MD) licensed in Oregon. Nurse practitioners, chiropractors or naturopaths do not qualify to sign the documentation.

The application fee for the Oregon Medical Marijuana Program is $100 ($20 for participants in the Oregon Health Plan). The fee must be paid in full at the time of application for the Oregon Medical Marijuana Program and credit cards are not accepted for payment.

Although this law does not allow you to legally purchase marijuana in Oregon, you can even choose to have someone else grow your marijuana. This person may be either a caregiver or a grower. The person chosen to grow your cannabis plants may not be your physician. He or she may not have been convicted more than one time of certain crimes, and if convicted once of these crimes it must have been at least five years since that conviction. As long as he or she is registered as your caregiver or grower the person will not be prosecuted by the state for possession, production or even delivery of marijuana. Before deciding that being a grower might be a quick way to make a little extra money, you need to know that the law only allows for reimbursement of costs directly related to growing the cannabis. These costs could include utilities and supplies directly related to growing the plants, but not labor. The plants themselves, along with the seeds and seedlings remain the property of the patient and do not belong to the grower. The patient can request at any time and for any reason that his seed, seedlings and/or plants be returned to him and the grower must meet this request. When changing the person who grows your marijuana you must let the former grower know that they no longer are protected by you Medical Marijuana Card. The grower or caregiver then has only seven days to return their registry card to the state.

Marijuana can be legally grown in the state of Oregon, if you meet certain conditions or are willing to jump through certain hoops. You cannot legally buy marijuana in Oregon, but you can choose to have someone else grow and harvest a limited number of plants for you. You do not have to fear prosecution for the medical use of marijuana.