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Oregon

Oregon state laws, regulations, court decisions, and active legislation

Capital: SalemPopulation: 4,237,256

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Federal & State Law Editorial TeamLast reviewed: April 2026

Overview

Oregon has been a pioneer in progressive legal reform, from being the first state to enact vote-by-mail elections (1998) to the first state with statewide rent control (2019). The state's legal system emphasizes environmental protection, tenant rights, and individual freedoms. Oregon was among the first states to legalize recreational marijuana (2014) and was the first to decriminalize all drugs (Measure 110, later modified).

Oregon's legal framework includes just cause eviction after one year, statewide rent control, strong environmental protections, and an ongoing debate about drug decriminalization. The state's land use planning system (SB 100) is one of the most comprehensive in the nation, with urban growth boundaries that have significantly shaped development patterns.

Court Structure

Oregon's court system includes justice courts, municipal courts, county courts, circuit courts (general jurisdiction trial courts organized into 27 judicial districts), the Oregon Court of Appeals, the Oregon Tax Court, and the Oregon Supreme Court. Circuit and appellate judges are elected in nonpartisan elections. The Supreme Court has seven justices.

Unique Laws & Facts

  • •Oregon was the first state to adopt statewide rent control (2019)
  • •The state was the first to enact vote-by-mail elections statewide (1998)
  • •Oregon was the first state to decriminalize all drugs (Measure 110, 2020, later modified)
  • •The state's land use planning system (SB 100) with urban growth boundaries is a national model
  • •Oregon has no state sales tax

Legal Landscape

Oregon's legal landscape is defined by its pioneering progressive reforms in rent control, drug policy, voting access, and land use planning. The state has strong tenant protections, comprehensive environmental regulations, a permissive cannabis market, and the unique challenge of managing rapid growth within urban growth boundaries. Drug policy reform remains an evolving area.

Key Oregon Laws (23)

Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act

Oregon allows adults 21+ to possess 1 ounce in public and 8 ounces at home, and grow up to 4 plants. A 17% state tax (plus optional 3% local) applies. Oregon was an early legalizer but has faced challenges with overproduction and out-of-state diversion.

ORS 475C.337cannabiscriminal
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Concealed Handgun License and Firearms Regulations

Oregon requires concealed carry permits but allows open carry in most areas. Voters passed Measure 114 (permit-to-purchase, magazine ban) in 2022, but courts have blocked most of it. No Stand Your Ground law — Oregon follows a duty-to-retreat standard.

ORS 166.291firearmscriminal
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Residential Landlord and Tenant Act – Rent Control and Security Deposits

Oregon has statewide rent control capping increases at 7% plus CPI for existing tenants, with 90 days' notice required. No increases during the first year. Just cause eviction applies after one year. Security deposits must be returned within 31 days. No-cause evictions require relocation assistance.

ORS 90.220tenant rightshousingconsumer
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Driving Under the Influence of Intoxicants

Oregon prohibits driving with a BAC of 0.08% or higher. First offenses are Class A misdemeanors with $1,000 minimum fine, 2 days minimum jail (or community service), and 1-year license suspension. Diversion is available. Third offense is a felony with lifetime license revocation.

Or. Rev. Stat. § 813.010duicriminaltraffic
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Assault in the Fourth Degree

Oregon assault is graded into four degrees. Fourth-degree (basic) is a Class A misdemeanor (up to 364 days jail). Higher degrees become felonies based on injury severity and weapon use, with first-degree assault carrying up to 20 years prison.

Or. Rev. Stat. § 163.160assaultcriminal
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Assault in the Third Degree (Battery)

Oregon calls battery a form of assault. Third-degree assault — recklessly causing serious injury with a weapon, group attacks, or assaults on officers — is a Class C felony with up to 5 years prison. Restitution and counseling are common conditions.

Or. Rev. Stat. § 163.165batterycriminal
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Possession of Controlled Substances

Oregon's drug laws have shifted recently. After Measure 110's decriminalization (2020), HB 4002 (2024) reinstated criminal penalties: simple possession is now a Class C misdemeanor with up to 30 days jail. Recreational marijuana up to 1 oz public/8 oz home is legal.

Or. Rev. Stat. § 475.752drugscriminal
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Theft — Grading

Oregon theft is graded by value: under $100 is a Class C misdemeanor; $100-$1,000 is Class A; over $1,000 is a Class C felony (up to 5 years); over $10,000 is aggravated first-degree theft (Class B felony, up to 10 years). Stealing vehicles or firearms is always first-degree.

Or. Rev. Stat. § 164.043theftcriminal
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Grounds for Dissolution of Marriage

Oregon is a pure no-fault divorce state — the only ground is irreconcilable differences. Six months residency required if the marriage was outside Oregon. Equitable distribution applies with a presumption of equal division. Mediation is often required.

Or. Rev. Stat. § 107.025divorcefamily
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Best Interests of the Child — Custody

Oregon custody decisions follow the best interests standard. Joint legal custody requires parental agreement (no presumption). Courts weigh emotional ties, attitudes toward the child, primary caregiver status, and any abuse history. Mediation is often required.

Or. Rev. Stat. § 107.137custodyfamily
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Child Support Guidelines

Oregon uses an income shares formula for child support based on combined gross income, children, and parenting time. Adjustments for insurance and child care apply. Modifications are available every 3 years or with a substantial change in circumstances.

Or. Rev. Stat. § 25.275child supportfamily
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Minimum Wage

Oregon has a unique three-tier minimum wage as of July 2024: $14.70 standard, $15.95 in Portland Metro, $13.70 in non-urban counties. No tip credits — tipped workers get the full minimum plus tips. BOLI enforces wage laws.

Or. Rev. Stat. § 653.025minimum wageemployment
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At-Will Employment Doctrine

Oregon is an at-will employment state but has one of the broadest anti-discrimination statutes nationally, covering many protected categories including sexual orientation and gender identity. Strong whistleblower and anti-retaliation protections also apply.

Or. Rev. Stat. § 659A.030at will-employmentemployment
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Paid Leave Oregon

Paid Leave Oregon provides up to 12 weeks (14 for pregnancy) of paid family, medical, or safe leave per year. Funded by payroll contributions from employees (60%) and larger employers (40%). Benefits replace wages with a sliding scale favoring lower earners.

Or. Rev. Stat. § 657B.030paid leaveemployment
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Security Deposits

Oregon does not cap residential security deposits but restricts additional move-in fees. Landlords must return deposits within 31 days with itemized deductions. Failure to comply allows tenants to recover twice the wrongfully withheld amount plus attorney fees.

Or. Rev. Stat. § 90.300security deposithousingtenant rights
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Eviction Notices and Procedures

Oregon has strong tenant protections after SB 608 (2019). Notice periods: 10 days for unpaid rent, 30 days for lease violations (with 14 to cure). No-fault evictions of 1+ year tenancies require limited grounds plus 90-day notice and relocation assistance. Statewide rent control applies.

Or. Rev. Stat. § 90.392evictionhousingtenant rights
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Oregon Limited Liability Company Act

Oregon LLCs form by filing Articles of Organization ($100 fee) with the Secretary of State. Members get limited liability protection. Annual reports ($100) are required. Oregon's no sales tax is a plus for some businesses. Formation is streamlined.

Or. Rev. Stat. § 63.044llcbusiness
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Unlawful Trade Practices Act

Oregon's Unlawful Trade Practices Act lists over 70 specific deceptive practices. Consumers can sue for actual damages or $200 (whichever is greater) plus attorney fees. Punitive damages available for willful violations. Civil penalties up to $25,000 per violation.

Or. Rev. Stat. § 646.608deceptive practicesconsumer
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New Motor Vehicle Lemon Law

Oregon's lemon law covers new vehicles for 2 years or the warranty period (whichever ends first). After 3 failed repair attempts on the same defect or 30 cumulative out-of-service days, consumers can demand a replacement or refund.

Or. Rev. Stat. § 646A.400lemon lawconsumer
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Intestate Succession

Oregon intestate law: spouse takes everything if all descendants are also the spouse's. With descendants from outside the marriage, the spouse and those descendants split 50/50. Without descendants, parents and siblings inherit. Domestic partners have spousal rights.

Or. Rev. Stat. § 112.025probateestate
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Execution of Wills

A valid Oregon will must be written, signed by the testator (18+ or lawfully married, of sound mind), and witnessed by 2 competent persons. Oregon does not recognize holographic (handwritten without witnesses) wills. Self-proved wills speed up probate.

Or. Rev. Stat. § 112.235willsestate
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Speed Limits

Oregon's interstate speed limit is 70 mph for cars (65 for trucks). Other state highways are typically 55 mph. Urban districts default to 25 mph. Drivers can be cited for unsafe speed below the limit. Points on the record can lead to license suspension.

Or. Rev. Stat. § 811.111speedingtraffic
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Small Claims Court Jurisdiction

Oregon small claims court (Circuit Court division) handles disputes up to $10,000. Attorneys generally cannot represent parties without court permission. Mediation may be ordered. Demanding a jury trial transfers the case to regular Circuit Court. Most judgments are final.

Or. Rev. Stat. § 46.405small claimscivil procedure
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.