Will Psilocybin Achieve Legal Status in Oregon? The State Adopts First Set of Rules In The Process

The Oregon Health Authority (OHA) recently closed the first batch of administrative regulations regarding psilocybin products, testing and training programs. These rules will go into effect January 2023, when the State’s therapeutic psilocybin program authorized by the Oregon Psilocybin Services Act commences.
The state published a first draft of proposed psilocybin product, testing, and training directives earlier this year before soliciting feedback from its citizens in April. Over 200 written and verbal comments were submitted. People’s concerns pertained to three main issues: affordability, variety and accessibility.

Associated Production Costs
As Psychedelic Spotlight previously noted, this first legal draft raised significant affordability concerns. While the Oregon Psilocybin Services (OPS) acknowledged them, there was ultimately no resulting rule change. The letter the entity sent last week naming the finalized rules and outlining the amended ones further explained: “While creating access to services is a priority, OPS does not have statutory authority to regulate the costs of psilocybin products or psilocybin services. Because OPS is a fee-based program, the cost of administering the section’s work must be covered by licensing and application fees.”

Psilocybe cubensis, the Chosen One
Indeed, the current regulations would only allow licensed manufacturers to cultivate or possess this specific fungi species. “To avoid the risk associated with deadly, poisonous look-alikes and the potential for wood lover’s paralysis and animal-borne pathogens, OPS has upheld this recommendation in final rules,” the OPS letter continued.

On broadening attainability: Several citizens’ comments included a request for expanded psilocybin delivery methods to increase accessibility. Despite this being so, the OPS did not budge. “Access to services is critical to the success of implementation … [but] OPS is unable to accommodate this request due to the language used in the Oregon Psilocybin Services Act,” the letter stated, adding, “After evaluating the issue, OPS determined that the text of the measure limits psilocybin products to those products that can be consumed orally … In addition, statutory language does not allow for consumption of psilocybin products or provision of psilocybin services on any premise other than a licensed service center.”
The first set of rules are being adopted now, months before the Oregon Psilocybin Act goes into effect, so the state can begin accepting applications for psilocybin programs in June. A second rulemaking process will take place for the remaining rules this fall.
Check out the OHA’s full first batch of finalized rules here.