Oregon Psilocybin Services Act: State Vs. Local Decisions, The Ultimate 'Opt-Out' Choice

Oregon's elected councilors in Philomath joined the debate on whether to offer their voters to “opt out” of Measure 109, the state-wide legalization project for the use of medical psilocybin.

The legislation is set to begin ruling as of January 2023 and would make Oregon the first state to allow lawful psilocybin use, under specific conditions. 

As Mike McInally recalls in the Oregon Capital Chronicle, the measure automatically “opts in” local governments. Yet it also includes the possibility for cities and counties to back out, either via a two-year moratorium or a direct ban on psilocybin services, before August 19, 2022.

More than half of the total 36 counties have decided to ask voters in the November ballot through which a considerable number could ultimately end up undermining the psilocybin services efficiency as dictated by the psilocybin services measure. 

In Philomath, local officials were torn between offering their voters a ban or the moratorium, considering voters had approved the measure by more than 500 votes (or a 17% margin) back in 2020. 

Those in favor of the ban stated their concerns over public safety while affirming that the town’s police chief favored that option in view of the ongoing implications of Measure 110, the decriminalization of small amounts of certain drugs for personal use. 

In the end, the council voted and the results were 4-3 towards offering the possibility of a two-year moratorium to Philomath voters, to be included in this November’s general elections.

Follow what other jurisdictions are deciding regarding the Psilocybin Services Act's local implementation in this real-time tracker.

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