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Oregon Revised Statutes

Or. Rev. Stat. § 475C.349 (2026)

Unlawful manufacture of marijuana item

✓ current as of May 2026
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      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.

      (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]

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2025–2026 · leading case: State v. Wong, 344 Or. App. 267 (Or. Ct. App. 2025).
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State v. Wong, 344 Or. App. 267 (Or. Ct. App. 2025). “Defendant appeals a judgment of conviction for one count of unlawful manufacture of a marijuana item, ORS 475C.349, following a bench trial on stipulated facts.”
State v. Wong, 345 Or. App. 614 (Or. Ct. App. 2025). “Nonprecedential Memo Op: 345 Or App 614 (2025) 615 PER CURIAM Defendant appeals a judgment of conviction for one count of unlawful manufacture of a marijuana item, ORS 475C.349, following a bench trial. In a single assignment of error, defendant argues that the trial court erred…”
State v. Xie, 349 Or. App. 623 (Or. Ct. App. 2026). · cites it 2× “” 2 ORS 475C.349 was previously numbered ORS 475B.”
State v. Wong, 344 Or. App. 267 (Or. Ct. App. 2025). “Defendant appeals a judgment of conviction for one count of unlawful manufacture of a marijuana item, ORS 475C.349, following a bench trial on stipulated facts.”
State v. Wong, 345 Or. App. 614 (Or. Ct. App. 2025). “Nonprecedential Memo Op: 345 Or App 614 (2025) 615 PER CURIAM Defendant appeals a judgment of conviction for one count of unlawful manufacture of a marijuana item, ORS 475C.349, following a bench trial. In a single assignment of error, defendant argues that the trial court erred…”
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