Minor In Possession

Minor in Possession of Alcohol ORS 471.430

A person under 21 years of age may not attempt to purchase, purchase or acquire alcoholic beverages. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with such parent’s or guardian’s consent, a person under 21 years of age may not have personal possession of alcoholic beverages.

First offense

Defendant pleads No Contest/ Guilty and petitions the Court to enter into the Minor in Possession Diversion program. Forms available under the “Forms tab”

Requirements of Minor in Possession Diversion Program:

• Class B Violation $265.00 fine payable to the Court
• 4-hour online alcohol and drug class
• No further violations for a one-year period.
• If the Defendant completes the Diversion Program, the violation is dismissed.

If a person cited under this section is at least 13 years of age but less than 21 years of age at the time the person is found in default for failure to appear, in addition to and not in lieu of any other penalty established by law, the court shall issue notice under ORS 809.220 (Failure to appear) to the department for the department to suspend the person’s driving privileges under ORS 809.280 (Department procedures following court order of suspension or revocation) (4).

Minor in Possession of Marijuana ORS 475B.316

 A person under 21 years of age may not possess, attempt to purchase or purchase a marijuana item.

For purposes of this subsection, purchasing a marijuana item includes accepting a marijuana item, and possessing a marijuana item includes consuming a marijuana item, provided that the consumption of the marijuana item occurred no more than 24 hours before the determination that the person consumed the marijuana item.

First offense

Defendant pleads No Contest/ Guilty and petitions the Court to enter into the Minor in Possession Diversion program. Forms available under the “Forms tab”

Requirements of Minor in Possession Diversion Program:

• Class B Violation $265.00 or Class A Violation $440 if driving a vehicle fine payable to the Court
• 4-hour online alcohol and drug class
• No further violations for a one-year period.
• If the Defendant completes the Diversion Program, the violation is dismissed.

If a person cited under this section is at least 13 years of age but less than 21 years of age at the time the person is found in default under 419C.472 (Suspension of driving privileges) for failure to appear, in addition to and not in lieu of any other penalty established by law, the court shall issue notice under ORS 809.220 (Failure to appear) to the department for the department to suspend the person’s driving privileges under ORS 809.280 (Department procedures following court order of suspension or revocation) (4).

Oregon Medical Marijuana Program

The Oregon Health Division operates the Oregon Medical Marijuana Program.