Section 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).Amended by 2023 Ch. 209, § 9, eff. 6/12/2023.