Oregon Plant Limits:  What is a stay?

How many mature marijuana plants can I grow/posses?  That is a question we get a lot from Oregon growers.  The answer is not so simple.

What you need to know is that action may need to be taken before April 1, 2016 in order to keep growing certain plant numbers.

The number of plants allowed at a grow site depends on where it is located.  It also depends on if you wish to remain in the Oregon Medical Marijuana Program (OMMP), or want to produce under the Oregon Liquor Control Commission (OLCC) recreational program.

Currently in Oregon, growing marijuana remains entirely governed by the OMMP.  That is until OLCC begins issuing production licenses and with the exception of small home grows allowed under Measure 91.  Here is a summary of the current framework:

1.  Old OMMP.  Before March 1, 2016, a grower could produce for up to four patients and up to six mature plants per patient (24 mature plants total).  There was no limit on the number of growers allowed at an address.  Therefore, a grow site “stacked” with multiple growers could grow a number of mature plants.  This was the standard in Oregon for many years.

2. HB 3400.  On the heels of Measure 91, last year the Oregon legislature passed HB 3400 which changed parts of the Oregon Medical Marijuana Act.  Part of HB 3400 imposed plant limits at grow sites.  Plant limits went into effect March 1, 2016.  The number of mature marijuana plants allowed at a grow site depends on the location of the grow site.

• City-Residential Plant Limits – If a grow site is located within city limits and in an area zoned for residential use, no more than 12 mature marijuana plants may be produced at the site, unless the site is grandfathered.
• All Other Plant Limits – If a grow site located outside city limits or within city limits in an area not zoned for residential use, no more than 48 mature marijuana plants may be produced at the site, unless a site is grandfathered.

Contact the OHA or an attorney to determine what the plant limits for your particular location are, or whether you are grandfathered.

3.  SB 1511.  Fast forward to 2016.  The Oregon legislature passed SB 1511 last month.  The bill intended to amend HB 3400 by pushing the start of the plant limits from March 1, 2016 to April 1, 2016.  The rub is that SB 1511 was not signed before March 1, 2016 and is still awaiting Governor Brown’s signature.

Because SB 1511 is not yet effective, the plant limits began on March 1, 2016 under HB 3400.

There is also a chance that the Governor could veto the bill.  Otherwise, SB 1511 will become law when the Governor signs, or automatically if not signed within 30 days.  We’re coming up on the 30-day mark very soon.

4.  Stay for Persons Applying with OLCC

SB 1511 would provide a way for a grow site to exceed applicable plant limits, even beyond any caps in HB 3400, if a grower is waiting to be licensed by the OLCC and certain requirements are met.  A grower would need to complete the following:

a. OLCC Application – An OLCC application is filed on or before April 1, 2016.  For grow sites in jurisdictions with a moratorium, a land use compatibility statement would not be required for purposes of staying plant limits.

 b. OHA Notice – A notice is filed with the OHA, which would require:

• the name and signature of each grower located at the grow site;
• the name of each patient associated with the grow site; and
• proof that a notice has been sent to each patient associated with the grow site by certified mail.

The notice would need to contain specific information required by the OHA.  Contact the OHA or an attorney to verify that your patient notice meets the requirements.

If an applicant meets the above requirement, the growers at a grow site would be able to continue producing the number of mature plants that were being produced at the location as of the effective date of SB 1511.

Stay tuned to our blog, as we will post any updated stay information when we receive it.