Jan. 1, 2006 – Oregon’s Medical Marijuana Law Amended to Exclude Affirmative Defense for Exceeding Possession Limits

On Jan. 1, 2006, Senate Bill 1085 takes effect in Oregon as an amendment to the state’s medical marijuana law. Qualified patients who possess cannabis in amounts exceeding the state guidelines of 24 ounces of usable marijuana and 24 plants (18 immature, 6 mature) will no longer retain the ability to argue an “affirmative defense” of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an “affirmative defense” at trial.

The law also redefines “mature plants” to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.