Oregon

Implied Consent Laws

Drugs

 813.100 Learn More
(1) Any person who operates a motor vehicle upon premises open to the public or the highways of this state shall be deemed to have given consent, subject to the Motorist Implied Consent Law, to a chemical test of the person’s urine for the purpose of determining the presence of cannabis, psylocibin a controlled substance or an inhalant in the person’s body if the person is arrested for driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) or of a municipal ordinance and either:
(a)The person takes the breath test described in ORS 813.100 (Implied consent to breath or blood test) and the test discloses a blood alcohol content of less than 0.08 percent; or
(b)The person is involved in an accident resulting in injury or property damage. A urine test may be requested under this paragraph regardless of whether a breath test has been requested and regardless of the results of a breath test, if one is taken.

Blood

Yes

Urine

813.131 Learn More
Yes

Oral Fluids

Yes

Other

Yes
Breath

DUI Statutes

Drugs

813.010 Learn More
Driving under the influence of intoxicants; penalty.
(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:
(a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;
813.140 or 813.150;
(b) Is under the influence of intoxicating liquor, cannabis, psylocibin a controlled substance or an inhalant; or
(c) Is under the influence of any combination of intoxicating liquor, cannabis, psylocibin a controlled substance and an inhalant.
(d) Within two hours after driving a vehicle, and without consuming alcohol in the intervening time period, has 0.08 percent or more by weight of alcohol in the blood of the person, as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150
(2)(2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

Combined/Multiple Substance

813.010 Learn More
Driving under the influence of intoxicants; penalty.
(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:
(a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of intoxicating liquor, cannabis, psylocibin, a controlled substance or an inhalant; or
(c) Is under the influence of any combination of intoxicating liquor, cannabis, psylocibin a controlled substance and an inhalant.
(2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

813.095 Learn More
A person commits the offense of refusal to take a test for intoxicants if the person refuses to take a breath or urine test when requested to do so with probable cause. The offense described in this section, refusal to take a test for intoxicants, is a traffic offense punishable by a fine of at least $500 and not more than $1,000. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. Immediate confiscation of driver license or permit and issuance of temporary permit by law enforcement officer. Nothing in statute precludes law enforcement from obtaining a warrant for blood sample.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

813.010 Learn More
Yes

Length/Time of Restriction

First Offense – 30 days
Second Offense – 60 days
Third and subsequent – Minimum 1 year

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

813.602 Learn More
A person convicted by an Oregon Court of Driving Under the Influence of Intoxicants (DUII) must install and use an IID as specified in statute:
Circumstances under which ignition interlock device required; exemptions; rules.
(1) Subject to subsection
((2) of this section, when a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, the Department of Transportation, in addition to any other requirement, shall require that the person have installed and be using an approved ignition interlock device in any vehicle operated by the person:
(a) Before the person is eligible for a hardship permit. The requirement is a condition of the hardship permit for the duration of the hardship permit.
(b) For a first conviction, for one year after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.
(c) For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction. Violation of the condition imposed under this paragraph is a Class A traffic violation.

Other Drugs

813.602 Learn More
Yes

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No
There is no “zero tolerance” rule in Oregon for driving under the influence of cannabis, which means there is no presumption of guilt based on the presence of the substance in your system.

Cannabis Per Se Statute

No

Threshold

0

Nanogram Limit

0

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

813.010 Learn More
FFirst Offense Class A misdemeanor: Mandatory minimum of 48 hours in jail and not more than 1 year in jail and offender may be required to perform up to 160 hours of community service. Minimum fine of $1000 not to exceed $6,250. Minimum 1 year license suspension.
Second Offense Class A misdemeanor: Mandatory minimum of 48 hours in jail and not more than 1 year in jail and offender may be required to perform up to 160 hours of community service. Minimum fine of $1,500 not to exceed $6,250. Minimum 3 year license suspension.
Third Offense Class A misdemeanor: Mandatory minimum of 48 hours in jail and not more than 1 year in jail and a minimum fine of $2,000 not more than $6,250. Minimum 3 year license suspension.
Fourth Offense within 10 years is Class C Felony: Minimum fine of $2,000 but not to exceed $125,000 and up to 5 years imprisonment with a permanent license revocation (809.235).

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

813.010 Learn More
(c) Is under the influence of any combination of intoxicating liquor, cannabis, a controlled substance and an inhalant.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First Offense Class A misdemeanor: Mandatory minimum of 48 hours in jail and not more than 1 year in jail and offender may be required to perform up to 160 hours of community service. Minimum fine of $1000 not to exceed $6,250. Minimum 1 year license suspension.
Second Offense Class A misdemeanor: Mandatory minimum of 48 hours in jail and not more than 1 year in jail and offender may be required to perform up to 160 hours of community service. Minimum fine of $1,500 not to exceed $6,250. Minimum 3 year license suspension.
Third Offense Class A misdemeanor: Mandatory minimum of 48 hours in jail and not more than 1 year in jail and a minimum fine of $2,000 not more than $6,250. Minimum 3 year license suspension.
Fourth Offense within 10 years is Class C Felony: Minimum fine of $2,000 but not to exceed $125,000 and up to 5 years imprisonment with a permanent license revocation (809.235).

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

813.010 Learn More
DUI with passenger present in the motor vehicle is under 18 years of age and at least three years younger than the person driving the motor vehicle carries a maximum fine of $10,000.

Statutes with THC Listed as Delta 8, 9, 10, or 11

475.005 Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980. Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No

By Locality

No

Law Enforcement Phlebotomy Program

No

Oral Fluid

For Drug Detection

No

Roadside - Not Evidential

No

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

21 and older
Yes

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. A physician must state in writing that the patient has a qualifying medical condition and that medical marijuana may mitigate the symptoms or effects of that condition annually.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

Oregon guidance to ensure a hemp product can be sold to a minor:
• Under the new law a business that wants to sell a processed hemp item to a minor must determine the milligrams of THC in the product prior to sale, not just the percentage of THC it contains.
• Some hemp-based items are being marketed to contain Delta-8-THC. Delta-8-THC is an intoxicating form of THC and the THC determination requirements apply to all forms of THC.
• A hemp item is required to have less than 0.5 milligrams (weight) of Total THC to be sold to a minor.
• Do not confuse Total THC levels with a hemp item that lists its THC below 0.3%. The 0.3% THC level does not account for the weight of the item; this is why it is important to determine the milligrams of THC in the product based on its weight.
• Hemp products made from the hemp seed and textiles do not contain THC and can be sold to minors.

Social Host Laws

Cannabis

Learn More
May Apply

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Sale of any amount of marijuana to a minor is a Class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Other

No Data Available