PORTLAND, Ore. (KOIN) – Oregon’s final administrative rules to implement the Psilocybin Services Act have been set, the Oregon Health Authority announced Tuesday. The state is days away from becoming the first in the U.S. to offer controlled use of the psychedelic mushroom to the public.
OHA released its draft rules on Nov. 1 and the public had 21 days to provide feedback.
The rules were created by the Oregon Psilocybin Advisory Committee, which compiled useful information from Oregon’s cannabis rules, indigenous communities and other people who have been practicing psilocybin services around the world to craft the rules.
Oregon Psilocybin Services received more than 200 written comments and six hours of comments in public hearings on the draft rules.
“These comments helped to further refine and improve the rules, which have now been adopted as final. The final rules are a starting place for the nation’s first regulatory framework for psilocybin services, and we will continue to evaluate and evolve this work as we move into the future,” André Ourso, administrator of the Center for Health Protection, and Angie Allbee, section manager of Oregon Psilocybin Services, wrote in a letter to the public.
The rules implement the Oregon Psilocybin Services Act, otherwise known as Ballot Measure 109. The act is now codified in Oregon law and the rules will be adopted starting Jan. 1, 2023.
The Oregon Health Authority plans to start accepting applications for psilocybin services or manufacturing licenses on Jan. 2, 2023.
Already, students are training how to accompany patients tripping on psilocybin — otherwise known as magic mushrooms.
The Oregon Health Authority will regulate the licenses and anyone who operates psilocybin facilities or who provides psilocybin services outside the licensed system could be subject to criminal penalties.
Beginning Jan. 1, 2023, anyone 21 and older in Oregon may access psilocybin services. They will be required to complete a preparation session with a licensed facilitator before participating in an administration session.
Clients will only be allowed to access psilocybin at a licensed service center during an administration session. Afterward, clients can attend integration sessions to provide further support.
Psilocybin products must be grown and processed by licensed manufacturers and tested by licensed, accredited testing labs in Oregon before they are sold to licensed service centers.
Licensed service centers are the only facilities in Oregon that are authorized to sell psilocybin products to clients. The products must be consumed on location at the licensed service center while the client is being monitored by a licensed facilitator.
The Oregon Health Authority expects it will take some time for the four license groups to become established and set up their operations.
Once a service center is licensed, the licensee will determine the cost of their service and will be responsible for scheduling clients when they are open for business.
In their letter, Ourso and Allbee said some frequent themes that were addressed during the rulemaking public comment period include equity and access, public health and safety, operational flexibilities, and affordability.
The two officials said these concerns have been addressed in the final rules.
When it comes to the topic of equity, the final rules adopted a requirement that service centers must provide translated materials upon request. Oregon Psilocybin Services will make forms that state the rules in both English and Spanish.
Anyone applying for a license will be required to submit a social equity plan as part of their application.
Oregon Psilocybin Services said after hearing many concerns about client confidentiality and client data, it has made several rule changes to address the issue.
Another change made to the rules states that clients may not receive psilocybin services if they are having thoughts of causing harm, or wanting to cause harm to themselves or others, or if they’ve ever been diagnosed with active psychosis or treated for active psychosis. This is in addition to the rule that was already included in the draft that states clients cannot receive psilocybin services if they have taken the prescription drug Lithium in the last 30 days.
The final rules also include reduced license fees for applicants who are veterans, receiving social security income, receiving food stamp benefits, or who are enrolled in the Oregon Health Plan.