What is the penalty for public cannabis consumption in Oregon?

Public consumption is a Class B violation carrying a fine of up to $1,000. Violations are not criminal offenses in Oregon, so they do not create a criminal record. The fine applies to consumption in streets, parks, transit, parking lots, and any public place.

What is the penalty for growing cannabis near a school in Oregon?

Growing cannabis within 1,000 feet of a school is a Class A felony in Oregon, punishable by up to 20 years in prison. This applies regardless of whether plants are indoors or outdoors and regardless of the number of plants. It is one of the harshest cannabis penalties in any legal state.

Is making BHO or dabs at home legal in Oregon?

No. Making cannabis concentrates using butane, propane, or other flammable solvents at home is a Class C felony, punishable by up to 5 years in prison and a $125,000 fine. Non-solvent methods like rosin pressing, ice water hash, and dry sift are legal for home use.

What are the penalties for having too much cannabis in Oregon?

Possessing 2-4 ounces in public is a $1,000 violation. Possessing 4-8 ounces in public is a Class B misdemeanor (up to 6 months jail, $2,500 fine). Over 8 pounds is a felony with significant prison time. At home, up to 8 ounces is legal for recreational users.

Can a cannabis DUII be expunged in Oregon?

No. DUII convictions are permanently excluded from Oregon's expungement statute. A DUII conviction remains on your criminal record for life. Oregon also prohibits plea bargaining in DUII cases, so the charge cannot be reduced to a lesser offense.

Oregon Cannabis Penalties — Full Breakdown

Legal Disclaimer: This information reflects Oregon cannabis law as of March 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Oregon Liquor and Cannabis Commission or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

Oregon Cannabis Penalty Overview

Oregon's penalty structure for cannabis violations ranges from minor violations (fines only) to Class A felonies (up to 20 years in prison). Here is the complete breakdown:

Offense	Classification	Penalty
Public consumption	Class B violation	Up to $1,000 fine
Over public limit (2–4 oz)	Violation	$1,000 fine
Over public limit (4–8 oz)	Class B misdemeanor	Up to 6 months / $2,500
Over 8 lbs	Felony	Significant prison time
Growing within 1,000 ft of school	Class A felony	Up to 20 years
Homemade solvent extraction	Class C felony	Up to 5 years / $125,000
DUII first offense	Class A misdemeanor	48 hrs–364 days, $1K–$6.25K
DUII third offense (10 years)	Class C felony	90 days min, up to $125K

Possession Penalties in Detail

Oregon's possession penalties escalate based on the amount over the legal limit and whether the person is in a public or private setting:

Amount (Flower)	Location	Classification	Maximum Penalty
Up to 1 oz	Public	Legal	No penalty
Up to 8 oz	Home	Legal	No penalty
2–4 oz	Public	Violation	$1,000 fine
4–8 oz	Public	Class B misdemeanor	Up to 6 months / $2,500
Over 8 lbs	Any	Felony	Significant prison time

Public Consumption

Consuming cannabis in any public place is a Class B violation under ORS 475C.339:

Fine: Up to $1,000
No criminal record: Violations are not criminal offenses in Oregon
Broad definition: "Public place" includes streets, parks, transit, parking lots, and common areas of buildings

For details on where consumption is and isn't allowed, see Where You Can Consume.

Cultivation Penalties

Oregon imposes severe penalties for cultivation violations, particularly those involving school zones:

Offense	Classification	Maximum Penalty
Exceeding 4 household plants (recreational)	Varies by amount	Misdemeanor to felony
Growing within 1,000 ft of a school	Class A felony	Up to 20 years in prison
Plants visible to public / accessible to minors	Violation	Fine

The School Zone Rule Is Severe

Growing cannabis within 1,000 feet of a school is a Class A felony carrying up to 20 years in prison. This is one of the harshest cannabis penalties in any legal state. The 1,000-foot measurement runs from the school property line to your plants, and applies regardless of whether the plants are indoors or outdoors.

Solvent Extraction: Class C Felony

Making cannabis concentrates at home using butane, propane, hexane, or other flammable solvents is a Class C felony:

Up to 5 years in prison
Up to $125,000 fine
Felony criminal record

This law exists because solvent-based extraction has caused numerous explosions, fires, and deaths in residential settings. Non-solvent methods (rosin press, ice water hash, dry sift) remain legal for home use. See Home Cultivation for details.

DUII Penalties

Oregon's DUII penalties are notable for two unique provisions: no plea bargaining and no expungement.

Offense	Classification	Jail/Prison	Fine	License
First DUII	Class A misdemeanor	48 hrs–364 days	$1K–$6.25K	1-year suspension
Second DUII (10 yrs)	Class A misdemeanor	Increased minimum	Higher minimum	3-year suspension
Third DUII (10 yrs)	Class C felony	90 days minimum	Up to $125,000	Possible permanent revocation

For complete DUII information, see our DUI & Driving Laws page.

Distribution and Sale Penalties

Selling cannabis without an OLCC license is a serious criminal offense:

Offense	Classification	Maximum Penalty
Unlicensed sale (any amount)	Misdemeanor to felony	Varies by amount — potentially significant prison time
Sale to a person under 21	Felony	Enhanced penalties
Gifting with concealed compensation	Treated as unlicensed sale	Same as above

Remember: legitimate gifting (up to 1 ounce to an adult 21+ with no compensation) is legal. Any exchange involving payment, barter, or "donations" is an illegal sale.

Federal Land Penalties

Oregon contains significant federal land — Crater Lake National Park, Mt. Hood National Forest, Deschutes National Forest, BLM land, and many more. Cannabis on federal property is prosecuted under the Controlled Substances Act (21 USC 844):

First offense: Up to 1 year imprisonment and/or $1,000 fine
Second offense: 15 days to 2 years and $2,500 fine
Subsequent offenses: 90 days to 3 years and $5,000 fine

Federal park rangers, forest service officers, and BLM enforcement actively enforce these laws.

Measure 110 and Drug Decriminalization

In November 2020, Oregon voters approved Measure 110, which decriminalized personal possession of small amounts of all drugs. However, in 2024, HB 4002 partially reversed Measure 110 amid the fentanyl crisis backlash. Cannabis penalties remain governed primarily by ORS 475C rather than Measure 110, as cannabis was already legal. The Measure 110 changes primarily affected possession of other controlled substances.

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Cannabis Penalties in Oregon