Oregon Medical Marijuana - Legal Information

Current Rules, Statutes, & Policies

• Oregon Revised Statutes ORS 475.300 -- ORS 475.346  

• OMMP Oregon Administrative Rules from the Oregon State Archives Website

• OMMP Patient Information from Oregon State Police (pdf)
  Disclaimer: The information in this section was provided by Oregon State Police (OSP), and may not represent the views of the Department.

• Advisory Committee Handbook (pdf)
  Disclaimer: The Advisory Committee on Medical Marijuana is a statutorily approved body (ORS 475.303) that provides the Department of Human Services with advice on the administrative aspects of the Oregon Medical Marijuana Program. The work of the committee does not necessarily represent the views of the Department.

• BOLI Policy Related to the Use of Medical Marijuana and Housing Discrimination Claims
  The Bureau of Labor and Industries (BOLI) has issued a policy explaining that it will not investigate complaints of discrimination in housing if the complaint stems from a patient using medical marijuana. 

Department of Justice Memos

• On October 19, 2009, the United States Department of Justice (USDOJ) issued a memorandum to provide clarification and guidance to federal prosecutors in states that have authorized the medical use of marijuana. The guidance makes it clear that USDOJ is committed to prosecuting enforcement of the Controlled Substances Act, but that, as a general matter, federal resources in states with medical marijuana laws should not be focused on individuals who are "in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." Prosecution of commercial enterprises that unlawfully market and sell marijuana for profit will continue to be a priority of USDOJ

  The guidance from USDOJ does not make the use of medical marijuana legal under federal law, and does not create a defense to a federal prosecution for a drug related offense. Download this memo (pdf) for printing.

Court Decisions

• State v. Berringer
  In April of 2010, the Oregon Court of Appeals issued a decision that stated an individual with a California medical marijuana card was not entitled to protection from the criminal laws in Oregon when the individual did not have an Oregon medical marijuana card.

• Dr. Marcus Conant, et al., v. McCaffrey et al
  This September 7, 2000, US District Court ruling held that the US Government could not punish physicians for voicing their professional opinions based on their best medical judgment.

• Dr. Marcus Conant, et. al., v. John P. Walters, et. al.
  This October 29, 2002, decision by the United States Court of Appeals for the Ninth Circuit upheld an earlier decision that the US Government could not punish physicians for voicing their professional opinions based on their best medical judgment (Conant v. McCaffrey, September 7, 2000). The Court of Appeals decision upholds the First Amendments rights of physicians who recommend the use of medical marijuana for their patients.