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Oregon
Oregon

Identification

  • Acceptable Identification
  • Acceptable Digital Identification
    • No
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Oregon DMV
      • Noncitizens lawfully admitted for permanent or temporary residence, noncitizens with conditional permanent resident status, noncitizens with an approved application for asylum, and noncitizens who have entered the U.S. as refugees are eligible for a REAL ID license or identification card, though the length of the term may vary.
      • A person without proof of lawful status needing to board a U.S. flight will need another ID document acceptable by TSA such as a foreign government-issued passport. 
      • If you don’t have a foreign government-issued passport, you can usually obtain one through your consulate.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Yes – Equal Access to Roads Act
      • Eliminates requirement that a person provide proof of legal presence before the Department of Transportation issues noncommercial driver license, noncommercial driver permit or identification card.
  • What privacy protections are in place for Digital Id’s in this state?
    • N/A
  • Can Digital IDs be legally used for law enforcement verification?
    • N/A

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • OAR 845-015-0148
      • Except as provided in (2) below, only people 21 years of age or older may enter a retail liquor store, unless accompanied by a parent, spouse or Domestic Partner who is at least 21 years old. “Domestic Partner” means an individual who, along with another individual of the same sex, has received a Certificate of Registered Domestic Partnership pursuant to the Oregon Family Fairness Act. Nevertheless, people 18 years or older may be employed in liquor stores to sell distilled spirits and people under the age of 18 may be employed but may not participate in the sale of distilled spirits.
    • Oregon 471.430
      • (3) Except as authorized by rule or as necessitated in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors.
  • Age permitted to consume Alcohol
    • Oregon 471.430
      • (1) 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.
      • (2) For the purposes of this section, personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of such beverages, or any portion thereof or a drink of such beverages. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.
  • Age permitted to serve Alcohol
    • Oregon 471.480
      • (1) Any employee 18 years of age or older of a person who holds an off-premises sales license from the Oregon Liquor and Cannabis Commission may sell any alcoholic liquor authorized by such license on the licensed premises.
      • (2) Any employee 18 years of age or older of a person who holds a wholesale malt beverage and wine license from the Oregon Liquor and Cannabis Commission may assist the licensee in the delivery of any alcoholic liquor authorized by such license.
  • Age permitted to purchase Alcohol
    • Oregon 471.430
      • (1) 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.
      • (2) For the purposes of this section, personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of such beverages, or any portion thereof or a drink of such beverages. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Oregon 813.010
    • Oregon 813.300
    • The legal BAC limit for drivers is:
      • 0.08% for drivers aged 21 or older.
      • 0.00% for drivers under 21 (zero-tolerance policy).
      • 0.04% for commercial drivers.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Oregon 471.430
      • (1) 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.
  • What are the penalties for providing alcohol to minors at a private residence?
    • Oregon 471.410
      • (2) No one other than the person’s parent or guardian may sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years. A parent or guardian may give or otherwise make alcoholic liquor available to a person under the age of 21 years only if the person is in a private residence and is accompanied by the parent or guardian. A person violates this subsection who sells, gives or otherwise makes available alcoholic liquor to a person with the knowledge that the person to whom the liquor is made available will violate this subsection.
      • (3) (a) A person who exercises control over private real property may not knowingly allow any other person under the age of 21 years who is not a child or minor ward of the person to consume alcoholic liquor on the property, or allow any other person under the age of 21 years who is not a child or minor ward of the person to remain on the property if the person under the age of 21 years consumes alcoholic liquor on the property.
      • (b) This subsection:
        • (A) Applies only to a person who is present and in control of the location at the time the consumption occurs;
        • (B) Does not apply to the owner of rental property, or the agent of an owner of rental property, unless the consumption occurs in the individual unit in which the owner or agent resides; and
        • (C) Does not apply to a person who exercises control over a private residence if the liquor consumed by the person under the age of 21 years is supplied only by an accompanying parent or guardian.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • Oregon 16 7.760
    • (1)Except as provided in subsection (2) of this section, a person under 21 years of age may not purchase or attempt to purchase tobacco products or an inhalant delivery system.
    • (2) A person under 21 years of age who is acting under the supervision of a person 21 years of age or older may, for the purpose of testing compliance with a federal, state or local law or retailer policy limiting or regulating the distribution or sale of tobacco products or inhalant delivery systems to persons who are under 21 years of age:
      • (a) Purchase or attempt to purchase tobacco products or an inhalant delivery system; and
      • (b) Enter or attempt to enter an establishment, or portion of an establishment, where tobacco products or inhalant delivery systems are sold and that is posted or otherwise identified as being prohibited to the entry of persons under 21 years of age. [2017 c.701 §4; 2021 c.179 §1; 2021 c.191 §3]
    • Federal Law:
      • FDA Tobacco 
      • Individuals must be 21 years old to purchase tobacco products in the United States. This law also prohibits anyone under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, if they are not accompanied by an adult.
  • Age permitted to use Tobacco
    • Oregon 167.755
      • (1) A person commits the offense of selling tobacco products or inhalant delivery systems to a person under 21 years of age upon the occurrence of one of the following:
        • (a) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, tobacco products;
        • (b) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, an inhalant delivery system;
        • (c) If the person is a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the person is acting within the course and scope of the person’s employment and the person has supervisory authority over a person who violates paragraph (a) or (b) of this subsection; or
        • (d) If the person is an owner of a business that sells tobacco products or inhalant delivery systems at retail, a violation of paragraph (a) or (b) of this subsection occurs at the business.
  • Age permitted to sell Tobacco
    • While Oregon law prohibits the sale of tobacco products to individuals under 21, it does not specify a minimum age for employees selling these products. Therefore, the state defers to federal regulations and employer policies regarding the minimum age for employees authorized to sell tobacco products.
  • Age permitted to purchase Tobacco
    • Oregon 167.755
      • (1) A person commits the offense of selling tobacco products or inhalant delivery systems to a person under 21 years of age upon the occurrence of one of the following:
        • (a) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, tobacco products;
        • (b) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, an inhalant delivery system;
        • (c) If the person is a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the person is acting within the course and scope of the person’s employment and the person has supervisory authority over a person who violates paragraph (a) or (b) of this subsection; or
        • (d) If the person is an owner of a business that sells tobacco products or inhalant delivery systems at retail, a violation of paragraph (a) or (b) of this subsection occurs at the business.
  • What is the consumable limit (if any)
    • N/A
  • What is the purchase limit (if any)
    • N/A
  • Are vaping products regulated differently from traditional tobacco in this state?
    • No
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Oregon Recreational Cannabis
      • Oregon Cannabis Org
        • You must be 21 or older before you may be permitted to enter a recreational marijuana dispensary in Oregon. However, if you are a registered medical marijuana patient, you can enter a medical cannabis dispensary if you are 18 years or older.
      • ORS 475C.213
        • Except for a marijuana retailer registered under ORS 475C.149 (Retail selling for medical purposes) to sell or deliver marijuana items to a registry identification cardholder who is 18 years of age or older or as allowed pursuant to ORS 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919), a person may not sell or deliver an adult use cannabis item to a person under 21 years of age. [Formerly 475B.211]
  • Age permitted to use Cannabis
    • Recreational Use
      • Oregon 475C.317
        • (a) A person under 21 years of age may not possess, attempt to purchase or purchase a marijuana item.
        • (b) 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.
      • Oregon 475C.341
    • Medical Use
      • Minors are able to receive prescriptions for Medical marijuana if under the care of a designated caregiver over 18 years old
  • Age permitted to sell Cannabis
    • Oregon 475C.225
      • A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525).
  • Age permitted to purchase Cannabis
    • Recreational Use
      • Oregon 475C.109
        • The Oregon Liquor and Cannabis Commission may adopt rules establishing the circumstances under which the commission may require a marijuana retailer that holds a license issued under ORS 475C.097 (Retail license) to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the marijuana retailer does not sell marijuana items to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person’s age and may not be used for any purpose other than verifying a person’s age. [Formerly 475B.119]
      • Oregon 475C.317
        • (a) A person under 21 years of age may not possess, attempt to purchase or purchase a marijuana item.
        • (b) 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.
  • What is the consumable limit (if any)
    • Recreational Use
      • ORS 475C.029
        • The Oregon Liquor and Cannabis Commission may limit the quantity of marijuana items transferred to a consumer or other individual if the commission determines that the limitation is necessary to prevent the resale of marijuana items. [Formerly 475B.035
    • Medical Use
      • OAR 333-008-0080
        • (1) A patient, the patient’s designated primary caregiver or organization or facility caregiver may jointly possess up to six mature marijuana plants, 12 immature marijuana plants, and 24 ounces of usable marijuana.
        • (2) A patient or the patient’s designated primary caregiver or organization or facility caregiver may only possess cannabinoid products, concentrates or extracts in the amounts described in ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery).
        • (3) A patient and designated primary caregiver or organization or facility caregiver must have in their possession, their registry identification card or OMMP identification card when transporting marijuana.
        • (4) A patient must have, in the patient’s possession, their registry identification card when using marijuana in a location other than the residence of the cardholder.
  • What is the purchase limit (if any)
    • Recreational Use
      • ORS 475C.029
        • The Oregon Liquor and Cannabis Commission may limit the quantity of marijuana items transferred to a consumer or other individual if the commission determines that the limitation is necessary to prevent the resale of marijuana items. [Formerly 475B.035
    • Medical Use
      • OAR 333-008-0080
        • (1) A patient, the patient’s designated primary caregiver or organization or facility caregiver may jointly possess up to six mature marijuana plants, 12 immature marijuana plants, and 24 ounces of usable marijuana.
        • (2) A patient or the patient’s designated primary caregiver or organization or facility caregiver may only possess cannabinoid products, concentrates or extracts in the amounts described in ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery).
        • (3) A patient and designated primary caregiver or organization or facility caregiver must have in their possession, their registry identification card or OMMP identification card when transporting marijuana.
        • (4) A patient must have, in the patient’s possession, their registry identification card when using marijuana in a location other than the residence of the cardholder.
  • Can minors obtain medical cannabis with a prescription?
    • Minors are able to receive prescriptions for Medical marijuana if under the care of a designated caregiver over 18 years old

Adult Media

  • Age permitted to access Adult Content ONLINE
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Adult Venue Access
      • E. No adult entertainment business licensee shall allow any person under the age of 18 years to enter the licensee’s premises.
  • Are websites required to verify age for accessing adult content?
  • What penalties exist for providing minors access to adult material online?
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
    • Oregon ORS 167.830
      • Except as provided in ORS 167.840 (Application of ORS 167.830 limited), any person operating or conducting a place of public amusement or entertainment, who employs or allows a child under the age of 18 years to conduct or assist in conducting any public dance, including but not limited to dancing by the child as a public performance, or to assist in or furnish music for public dancing, commits a Class D violation. [1971 c.743 §292; 1987 c.905 §18; 1999 c.1051 §163]
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
      • Federal law mandates that producers of sexually explicit content must maintain detailed age verification records for all performers.

Voting

  • Age permitted to register to vote in the state
    • Oregon Law
      • Voter Registration Card
        • To register to vote in Oregon, you must be:
          • A U.S. citizen
          • Oregon – NLDA resident of Oregon
          • At least 16 years old
        • If you are not yet 18 years of age, you will not receive a ballot until an election occurs on or after your 18th birthday.​​
    • Federal Law:
  • Age permitted to vote in the state
    • Oregon Voter Information
      • ​​​​​Age Requirements
        • You must be 18 years old to vote. Oregonians who are 16- or 17-years old may register to vote, but you will not receive a ballot or be eligible to vote until an election occurs on or after your 18th birthday.
      • Citizenship
        • New citizens are eligible to vote the moment you receive your citizenship. Depending on when you become a citizen prior to an election, you must take the following steps before you will receive a ballot:
          • 21 days prior to an election register to vote with your proof of citizenship.
          • ​If you become a citizen after the cutoff day but before election day, you can still vote. Contact your county Elections office​ to let them know before the cut off day that you will become a citizen before election day. You will receive a ballot once you provide proof of citizenship with your Elections Office.​
  • What Identification requirements are needed to vote on a regular ballot
    • Oregon Voter Information
      • Age Requirements
        • You must be 18 years old to vote. Oregonians who are 16- or 17-years old may register to vote, but you will not receive a ballot or be eligible to vote until an election occurs on or after your 18th birthday.
      • Citizenship
        • New citizens are eligible to vote the moment you receive your citizenship. Depending on when you become a citizen prior to an election, you must take the following steps before you will receive a ballot:
          • 21 days prior to an election register to vote with your proof of citizenship.
          • ​If you become a citizen after the cutoff day but before election day, you can still vote. Contact your county Elections office​ to let them know before the cut off day that you will become a citizen before election day. You will receive a ballot once you provide proof of citizenship with your Elections Office.​
  • What Identification requirements are needed to vote on a Provisional ballot

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Oregon Law
        • Only if the policy officer has reasonable suspicion that the individual has committed or is about to commit a crime. During such a stop, the officer may request identification; however, the individual is not legally obligated to provide it. Refusal to identify oneself is not a crime in Oregon, but it may result in the officer prolonging the detention to establish identity through other means.
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
    • Can you be detained or arrested for refusing to show ID?
      • Cannot be arrested
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Not required to provide ID
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • Only if purchasing age restricted items/materials
    • Are there curfew or loitering laws requiring ID verification?
      • Loitering laws are established at the city or county level in Oregon.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • Oregon 807.570
        • A person commits the offense of failure to carry a license or to present a license to a police officer if the person either:
          • (a) Drives any motor vehicle upon a highway in this state without a license, driver permit or out-of-state license in the person’s possession; or
          • (b) Does not present and deliver such license or permit to a police officer when requested by the police officer under any of the following circumstances:
            • (A) Upon being lawfully stopped or detained when driving a vehicle.
            • (B) When the vehicle that the person was driving is involved in an accident.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Oregon 807.570
        • (4) A police officer may detain a person arrested or cited for the offense described in this section only for such time as reasonably necessary to investigate and verify the person’s identity.
        • (5) The offense described in this section, failure to carry a license or to present a license to a police officer, is a Class C misdemeanor. [1983 c.338 §339; 1985 c.16 §158; 1987 c.217 §6]
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • No
    • Can passengers legally refuse to provide ID?
      • Yes
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Oregon ORS 419C.680
        • No minor shall be in or upon any street, highway, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following morning, unless:
          • (a) Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor;
          • (b) Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or
          • (c) The minor is emancipated pursuant to ORS 419B.550 (Definitions for ORS 419B.550 to 419B.558) to 419B.558 (Entry of judgment of emancipation).
    • What are the penalties for violating curfew laws?
      • Oregon ORS 419C.680
        • Any minor who violates subsection (1) of this section or an ordinance established under subsection (4) of this section may be taken into custody as provided in ORS 419C.080 (Custody), 419C.085 (Citation in lieu of custody) and 419C.088 (Custody by private person) and may be subjected to further proceedings as provided in this chapter. [1993 c.33 §271; 1993 c.546 §140; 1995 c.593 §2; 1997 c.727 §9]
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • ORS 153.039
        • (2) An enforcement officer may stop and detain any person if the officer has reasonable grounds to believe that the person has committed a violation. An enforcement officer may stop and detain any employee, agent or representative of a firm, corporation or other organization if the officer has reasonable grounds to believe that the firm, corporation or other organization has committed a violation.
        • (3) Except as provided in subsection (4) of this section, the period of detention may be only as long as is necessary to:
          • (a) Establish the identity of the person, firm, corporation or organization believed to have committed the violation;
          • (b) Conduct any investigation reasonably related to the violation; and
          • (c) Issue a citation for the violation
      • ORS 133.310
        • (1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following:
          • (a) A felony.
          • (b) A misdemeanor.
          • (c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.
          • (d) Any other crime committed in the officer’s presence.
        • (2) A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction.
        • (3) A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that:
          • (a) There exists an order issued pursuant to ORS 30.866 (Action for issuance or violation of stalking protective order), 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c) or (d), 107.716 (Hearing), 107.718 (Restraining order), 124.015 (Hearing upon request of respondent), 124.020 (Ex parte hearing), 133.035 (Ex parte emergency protective orders), 163.738 (Effect of citation), 163.765 (Restraining order), 163.767 (Hearing) or 419B.845 (Restraining order when child abuse alleged) restraining the person;
          • (b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720 (Enforcement of restraining orders), 124.030 (Proof of service of restraining order to be delivered to sheriff), 133.035 (Ex parte emergency protective orders), 163.741 (Service of stalking protective order), 163.773 (Enforcement of restraining order) or 419B.845 (Restraining order when child abuse alleged); and
          • (c) The person to be arrested has violated the terms of that order.
      • ORS 133.235