Oregon Psilocybin Update

oregon psilocybin

Oregon is doing it right. I had the pleasure and opportunity to zoom in these past two days to the Oregon Psilocybin Services Listening Sessions to get a better idea of what Measure 109 entails. I must say I was very impressed with the ease of understanding and the very user-friendly powerpoint that summarized Measure 109. So with no further ado I will highlight what was presented in clear and easy language.

What does Measure 109 do?

Measure 109 creates a license and regulatory framework for production of psilocybin and facilitation of psilocybin services for adults 21 years of age and older. It does not create a consumer market for psilocybin, does not allow for export or import of psilocybin, and it does not allow licensees to interact with unregulated markets.

There are four types of licenses:

Manufacturer License:

Greater than 50% ownership group are Oregon residents

An individual may not hold an interest in multiple manufacturers

Must demonstrate that property owner has consented to production of psilocybin

Cannot cultivate outdoors

Premises must have defined boundaries

Cannot exceed production quantities established in rule

Testing Lab License:

All psilocybin products must be tested by a licensed laboratory prior to transfer to Service Center

Laboratories must be accredited by the Oregon Environmental Laboratory Accreditation Program

Testing results must be entered in the product tracking system 

Facilitator License:

Must complete Oregon Health Authority (OHA) approved training program before applying for licensure

Must have been an Oregon resident for two years (expires January 2025)

Must pass an exam approved or administered by OHA

Cannot transfer psilocybin products to clients

Service Center License:

Greater than 50% of ownership group are Oregon residents

An individual may not hold an interest in more than five service centers

Cannot be located within 1000 feet of a school

Must have defined boundaries

Provides psilocybin products to client to use during administration session

Only license authorized to provide psilocybin products to clients

Most employees will be required to hold a worker permit issued by OHA

Local Government Issues:

Local Government Opt-Out:

Local governments (cities and counties) may adopt ordinances that prohibit manufacturers and service centers

Ordinances must be referred to voters at the next general election

Local Government Time Place and Manner Regulations:

Local governments may adopt reasonable regulations on hours, location, and operation of licenses

Local taxes and fees are prohibited

Land Use Compatibility Statements (LUCS):

Applicants for service center and manufacturer licenses are required to request a LUCS from their local government before submitting a license application

Product Tracking:

Product tracking system required to track manufacturing, packaging, delivery, and sale of psilocybin products to:

Prevent diversion

Prevent tampering

Ensure accurate accounting

Ensure accurate reporting of lab testing results

OHA shall:

Develop and maintain tracking system, or

Contract with Oregon Liquor and Cannabis Commission (OLCC) to use cannabis tracking system vendor

License and Application Fees, Taxes:

License and Application Fees:

OHA shall adopt rules designating application, license, and renewal fee for all license types

Fees must be reasonably calculated not to exceed the cost of administration

Oregon Psilocybin Services will be a fee-based program and fees must cover the costs associated with the agency’s work.

Taxes:

Service centers collect a 15% tax on the sale of psilocybin products payable to Oregon Department of Revenue

Tax revenues help fund administrative costs for Department of Revenue and Oregon Psilocybin Services

*Important Dates: Measure 109 Statutory Requirements:*

Development Period – January 1, 2021 to December 31, 2022

OHA published the Rapid Evidence Review – July 31, 2021

Oregon Psilocybin Advisory Board will submit findings and recommendations – June 30, 2022

OHA shall adopt rules – December 31, 2022

OHA will begin receiving application for licensure – January 2, 2023

For Further Information:

https://www.oregon.gov/oha/PH/PREVENTIONWELLNESS/Pages/Oregon-Psilocybin-Services.aspx

https://content.govdelivery.com/accounts/ORDHS/bulletins/2facc4a

Thank you to the Oregon Health Authority and Oregon Psilocybin Services and all the humans who are involved for their exhaustive work and efforts in leading the way in this historic step for mental well being and psilocybin.

Author: Sherri Margolin (Dark Matters)

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