Oregon Statutes 475C.349 – Unlawful manufacture of marijuana item
(1) Except for licensees and licensee representatives acting in accordance with ORS § 475C.005 to 475C.525 and any rule adopted under ORS § 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS § 475C.305, it is unlawful for any person to manufacture a marijuana item.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 10 years | up to $250,000 |
| Class C felony | up to 5 years | up to $125,000 |
| Class A misdemeanor | up to 364 days | up to $6,250 |
| Class B misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Oregon Statutes 475C.349
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Except as provided in subsection (3) of this section, unlawful manufacture of a marijuana item is a Class A misdemeanor.
(3) Unlawful manufacture of a marijuana item is:
(a) A Class B misdemeanor, if a person 21 years of age or older unlawfully manufactures homegrown marijuana at a household and the total number of homegrown plants in the genus Cannabis within the plant family Cannabaceae at the household exceeds four plants but does not exceed eight plants.
(b) A Class C felony, if:
(A) A person unlawfully manufactures marijuana and the total number of plants in the genus Cannabis within the plant family Cannabaceae exceeds 12 plants; or
(B) A person unlawfully manufactures a cannabinoid product or a cannabinoid concentrate and the total amount of cannabinoid products or the total amount of cannabinoid concentrates exceeds twice the applicable maximum amount specified in ORS § 475C.337 (1)(d), (e) or (f).
(c) A Class B felony, if:
(A) A person unlawfully manufactures a cannabinoid extract;
(B) The violation involves the manufacture of more than 100 marijuana plants, whether mature or immature; or
(C) The violation is a marijuana offense involving reckless unlawful conduct under ORS § 475C.353 (5) or a marijuana offense involving knowing unlawful conduct under ORS § 475C.353 (6). [Formerly 475B.349; 2023 c.209 § 9]