Note: Unless otherwise noted, the division headings, subdivision headings and leadlines for ORS 475A.200 to 475A.722 were enacted as part of Ballot Measure 109 (2020) (chapter 1, Oregon Laws 2021) and were not provided by Legislative Counsel. USE OF PSILOCYBIN (Generally)

475A.200 Legislative findings

The People of the State of Oregon find that: Oregon has one of the highest prevalences of mental illness among adults in the nation; An estimated one in every five adults in Oregon is coping with a mental health condition; The Governor has declared addiction as a public health crisis in this state; The 2019-2021 Governor’s Budget proposes spending over $…

475A.205 Purposes of ORS 475A.200 to 475A.722

The People of the State of Oregon declare that the purposes of chapter 1, Oregon Laws 2021, are: To educate the people of this state about the safety and efficacy of psilocybin in treating mental health conditions; To reduce the prevalence of mental illness among adults in this state, and to improve the physical, mental, and social well-being of all people…

475A.210 Short title

ORS 475A.210 to 475A.722 shall be known and may be cited as the Oregon Psilocybin Services Act.

475A.215 Construction of ORS 475A.210 to 475A.722

ORS 475A.210 to 475A.722 may not be construed: To require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products; To amend or affect state or federal law pertaining to employment matters; To amend or affect state or federal law pertaining to landlord-tenant matters; …

475A.220 Definitions for ORS 475A.210 to 475A.722

As used in ORS 475A.210 to 475A.722: “Administration session” means a session at which a client consumes and experiences the effects of a psilocybin product under the supervision of a psilocybin service facilitator. “Client” means an individual that is provided psilocybin services in this state. “Integration session” means a meeting between a client and a…

475A.225 Members of Oregon Psilocybin Advisory Board; terms; meetings; compensation; rules

The Oregon Psilocybin Advisory Board is established within the Oregon Health Authority for the purpose of advising and making recommendations to the authority. The board shall consist of nine members appointed by the Governor as follows: A psilocybin service center operator who holds a license issued under ORS 475A.305; A psilocybin service facilitator who…

475A.230 Duties of Oregon Psilocybin Advisory Board

The Oregon Psilocybin Advisory Board shall: Provide advice to the Oregon Health Authority with respect to the administration of ORS 475A.210 to 475A.722; Make recommendations to the authority on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental heal…

475A.235 General powers and duties; rules

The Oregon Health Authority has the duties, functions and powers specified in ORS 475A.210 to 475A.722 and the powers necessary or proper to enable the authority to carry out the authority’s duties, functions and powers under ORS 475A.210 to 475A.722. The jurisdiction, supervision, duties, functions and powers of the authority extend to any person that produ…

475A.240 Authority to purchase, possess, seize, transfer to licensee or dispose of psilocybin products

Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority may purchase, possess, seize, transfer to a licensee or dispose of psilocybin products as is necessary for the authority to ensure compliance with and enforce the provisions of ORS 475A.210 to 475A.722 and any rule adopted under ORS 475A.210 to 475A.722.

475A.243 Powers related to decedents and insolvent or bankrupt persons

The Oregon Health Authority may, by rule or order, provide for the manner and conditions under which: Psilocybin products left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. The business of a deceased, insolvent or bankrupt licensee may be operated f…

475A.245 Application process for all licensees; rules

Except as provided in subsection (2) of this section, an applicant for a license or renewal of a license issued under ORS 475A.210 to 475A.722 shall apply to the Oregon Health Authority in the form required by the authority by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pert…

475A.250 Grounds for refusing to issue license or issuing restricted license

The Oregon Health Authority may not license an applicant under the provisions of ORS 475A.210 to 475A.722 if the applicant is under 21 years of age. The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475A.210 to 475A.722 if the authority makes a finding that the applicant: Has not compl…

475A.255 Authority to require fingerprints of applicants and other individuals

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.245. The powers conferred on the authority under this section include the power to require the fingerprints of: If the applicant is a limit…

475A.260 Properties of license

A license issued under ORS 475A.210 to 475A.722: Is a personal privilege. Is renewable in the manner provided in ORS 475A.245, except for a cause that would be grounds for refusal to issue the license under ORS 475A.250. Is revocable or suspendible as provided in ORS 475A.477. Except for a license issued to a psilocybin service facilitator under ORS 475A…

475A.265 Duties of Oregon Health Authority with respect to issuing licenses

The Oregon Health Authority shall approve or deny an application to be licensed under ORS 475A.210 to 475A.722. Upon receiving an application under ORS 475A.245, the authority may not unreasonably delay processing, approving or denying the application or, if the application is approved, issuing the license. The licenses described in ORS 475A.210 to 475A.722…

475A.270 Duty to request land use compatibility statement

Prior to receiving a license under ORS 475A.290 or 475A.305, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designat…

475A.275 Lawful manufacture, delivery and possession of psilocybin products

Licensees and licensee representatives may manufacture, deliver and possess psilocybin products subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. The manufacture, delivery or possession of psilocybin products by a licensee or a licensee representative in compliance with ORS 475A.210 to 475A.722 and rules …

475A.280 Restriction on financial interests in multiple licensees

An individual may not have a financial interest in: More than one psilocybin product manufacturer; or More than five psilocybin service center operators.

475A.285 Authority to hold multiple licenses

Subject to ORS 475A.280: A person may hold multiple service center operator licenses under ORS 475A.305; and A person may hold both a manufacturer license under ORS 475A.290 and a service center operator license under ORS 475A.305 at the same or different premises. (License to Manufacture Psilocybin Products)

475A.290 Manufacturer license; fees; rules

The manufacture of psilocybin products is subject to regulation by the Oregon Health Authority. A psilocybin product manufacturer must have a manufacturer license issued by the authority for the premises at which the psilocybin products are manufactured. To hold a manufacturer license issued under this section, a psilocybin product manufacturer: Must apply…

475A.295 Psilocybin product manufacturers; endorsements; rules

The Oregon Health Authority shall adopt rules that designate different types of manufacturing activities. A psilocybin product manufacturer may only engage in a type of manufacturing activity if the psilocybin product manufacturer has received an endorsement from the authority for that type of manufacturing activity. An applicant must request an endorsement…

475A.300 Psilocybin product quantities; rules

The Oregon Health Authority shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under ORS 475A.290. In adopting rules under this section, the authority shall take into consideration the demand for psilocybin services in this state, the number of psilocybin product manufacturers applying for a li…

475A.302 Legal address and ownership of premises used for psilocybin manufacturing; owner consent; rules

The Oregon Health Authority may not issue a psilocybin manufacturer license under ORS 475A.290 unless the applicant submits with the application a statement accurately identifying the legal address and owner of the premises to be licensed and the requirements of subsections (2) and (3) of this section are met. The authority shall independently verify the in…

475A.305 Psilocybin service center operator license; fees; rules

The operation of a psilocybin service center is subject to regulation by the Oregon Health Authority. A psilocybin service center is not a health care facility subject to ORS chapter 441. A psilocybin service center operator must have a service center operator license issued by the authority for the premises at which psilocybin services are provided. To ho…

475A.310 Proximity of psilocybin service center to school

Notwithstanding ORS 475A.305 (2)(e), a psilocybin service center may be located within 1,000 feet of a school if: The psilocybin service center is not located within 500 feet of: A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or A private or parochial elementary or secondary school, teaching children as descr…

475A.315 Establishment of school after issuance of license

If a school described in ORS 475A.305 (2)(e) that has not previously been attended by children is established within 1,000 feet of a premises for which a license has been issued under ORS 475A.305, the psilocybin service center operator located at that premises may remain at that location unless the Oregon Health Authority revokes the license of the psilocyb…

475A.320 Requirement to verify person’s age; rules

The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service center operator that holds a license issued under ORS 475A.305 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the psilocybin service center operator doe…

475A.325 Psilocybin service facilitator license; fees; rules

The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority. A psilocybin service facilitator must have a facilitator license issued by the authority. To hold a facilitator license issued under this section, a psilocybin service facilitator: Must apply for a license in the manner described in ORS 475A.245; Must provide …

475A.330 Examination

The Oregon Health Authority shall offer an examination for applicants for licenses to facilitate psilocybin services at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the authority. Note: As originally enacted by the people, the leadline to ORS 475A.330 read “Examinati…

475A.335 Requirement to verify person’s age; rules

The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service facilitator that holds a license issued under ORS 475A.325 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the psilocybin service facilitator does not pr…

475A.338 Ability of health care provider, behavioral health care provider, to conduct certain sessions; protection from discipline

As used in this subsection, “board” means: The Oregon Board of Licensed Professional Counselors and Therapists; The Oregon Board of Naturopathic Medicine; The Oregon Board of Psychology; The Oregon Medical Board; The Oregon State Board of Nursing; The State Board of Licensed Social Workers; and The State Board of Pharmacy. A person who is licensed or…

475A.340 Psilocybin services; rules

The Oregon Health Authority shall adopt by rule the requirements, specifications and guidelines for: Providing psilocybin services to a client; Holding and verifying the completion of a preparation session; Having a client complete, sign, and deliver a client information form to a psilocybin service center operator and a psilocybin service facilitator; H…

475A.345 Preparation session

Before a client participates in an administration session, the client must attend a preparation session with a psilocybin service facilitator. A preparation session may be, but need not be, held at a psilocybin service center. If a preparation session is completed in accordance with all applicable requirements, specifications and guidelines, as determined …

475A.350 Client information form

Before a client participates in an administration session: The client must complete and sign a client information form, in a form and manner prescribed by the Oregon Health Authority; and A copy of the completed and signed client information form must be delivered to: The psilocybin service center operator that operates the psilocybin service center at wh…

475A.355 Administration session

After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session. An administration session must be held at a psilocybin service center. If an administration session is completed in accordance with all applicable requirements, specifications and guidelines, as determin…

475A.360 Integration session

After a client completes an administration session, the psilocybin service facilitator who supervised the administration session must offer the client an opportunity to participate in an integration session. The client may, but need not, participate in an integration session. An integration session may be, but need not be, held at a psilocybin service cente…

475A.365 Use of client information form in prosecution; reliance on client information form; exception from liability

If a client information form is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demo…

475A.370 Right to terminate or refuse to provide services; exception

Subject to other applicable law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason. Except as provided in paragraph (b) of this subsection, and subject to other applicable law, a licensee or licensee representative may cease providing psilocybin services to a client for any or no reaso…

475A.372 Requirement of psilocybin service center operator to collect, maintain, aggregate and submit to Oregon Health Authority specified information; client opt-out; exemption from disclosure; rules

As used in this section, “adverse behavioral reaction” and “adverse medical reaction” have the meanings given those terms by rule by the Oregon Health Authority. A psilocybin service center operator that holds a license issued under ORS 475A.305 shall: Collect and maintain the following information, in addition to the information required to complete a cli…

475A.374 Oregon Health Authority collection, publication of certain data; rules

The Oregon Health Authority shall collect and compile data on: The total number of licenses issued under ORS 475A.290, 475A.305, 475A.325 and 475A.594, compiled by each license type; The total number of applications submitted for licenses issued under ORS 475A.290, 475A.305, 475A.325 and 475A.594 and the reasons for any denials of licensure; The race, eth…

475A.375 Powers and duties relating to psilocybin service facilitators

The Oregon Health Authority shall: Determine the qualifications, training, education and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to: Facilitation skills that are affirming, nonjudgmental, and nondirective; Support skills for clients during an administration session, including specialized skills…

475A.377 Authority to require fingerprints of certain individuals

475A.380 Minimum standards of education and training for psilocybin service facilitators; rules

The Oregon Health Authority shall adopt by rule minimum standards of education and training requirements for psilocybin service facilitators. The authority shall approve training program courses for psilocybin service facilitators. To obtain approval of a training program course, the provider of a training program course must submit an outline of instructio…

475A.385 Authority to inspect books and premises; notice

The Oregon Health Authority may, after 72 hours’ notice, make an examination of the books of a licensee for the purpose of determining compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. The authority may at any time make an examination of a premises for which a license has been issued under ORS 475A.210 to 475A.722 fo…

475A.390 Authority to require segregation of premises

If a licensee holds more than one license issued under ORS 475A.210 to 475A.722 for the same premises, the Oregon Health Authority may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety.

475A.395 Authority to require general liability insurance

As is necessary to protect the public health and safety, the Oregon Health Authority may require a licensee to maintain general liability insurance in an amount that the authority determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursu…

475A.400 Use of tracking system for psilocybin products; distribution of moneys

The Oregon Health Authority shall: Develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722; or Enter into an agreement with the Oregon Liquor and Cannabis Commission under which the commission shall permit the authority to use the system developed and…

475A.405 Authority to prevent diversion of psilocybin products

Except as otherwise provided by law, the Oregon Health Authority has any power, and may perform any function, necessary for the authority to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this state.

475A.410 Authority to discipline for unregulated commerce

In addition to any other disciplinary action available to the Oregon Health Authority under ORS 475A.210 to 475A.722, the authority may immediately restrict, suspend or refuse to renew a license issued under ORS 475A.210 to 475A.722 if circumstances create probable cause for the authority to conclude that a licensee has purchased or received a psilocybin pro…

475A.415 Authority to require financial disclosure from licensee

The Oregon Health Authority may require a licensee or applicant for a license under ORS 475A.210 to 475A.722 to submit, in a form and manner prescribed by the authority, to the authority a sworn statement showing: The name and address of each person that has a financial interest in the business operating or to be operated under the license; and The nature …

475A.420 Authority to investigate, discipline licensees

Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or Revise or render void an order suspending or revoking the license. In cases involving the proposed …

475A.425 Authority to investigate, discipline permit holder

Notwithstanding the lapse, suspension or revocation of a permit issued under ORS 475A.483, the Oregon Health Authority may: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit; or Revise or render void an order suspending or revoking the permit. In cases involving the proposed denial of a per…

475A.430 Prohibition against manufacturing psilocybin products outdoors

A psilocybin product manufacturer that holds a license under ORS 475A.290 may not manufacture psilocybin products outdoors.

475A.435 Restrictions on delivery or receipt; waiver by authority

A psilocybin product manufacturer that holds a license under ORS 475A.290: May deliver psilocybin products only to or on a premises for which a license has been issued under ORS 475A.290 or 475A.305; and May receive psilocybin products only from a psilocybin product manufacturer that holds a license under ORS 475A.290. A psilocybin service center operator…

475A.440 Prohibition against selling or delivering psilocybin products to persons under 21 years of age

A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age.

475A.445 Identification requirement; rules

Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification: The person’s passport. The person’s driver license, issued by the State of Oregon or another state of the United States. An i…

475A.450 Confidentiality of client communications, information; exceptions

A psilocybin service center operator, a psilocybin service facilitator or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the …

475A.455 Prohibition against psilocybin service facilitator consuming psilocybin product

A psilocybin service facilitator may not consume a psilocybin product during an administration session that the psilocybin service facilitator is supervising. Note: As originally enacted by the people, the leadline to ORS 475A.455 read “Prohibition against psilocybin service facilitator consuming a psilocybin product during an administration session.” The l…

475A.460 Prohibition against employing persons under 21 years of age

A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475A.210 to 475A.722. During an inspection of a premises for which a license has been issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may require proof that a person performing work at the premises is 21 years of age or old…

475A.465 Prohibition against obfuscating mark or label or using mark or label to deceive

A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container’s contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age or quality of the container’s conte…

475A.468 Requirement that psilocybin products comply with minimum standards

A psilocybin product may not be sold or offered for sale within this state unless the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state. The Oregon Health Authority may prohibit the sale of a psilocybin product by a psilocybin service center operator for a reasonable period of time for the purpose of deter…

475A.471 Other prohibitions

A person may not make false representations or statements to the Oregon Health Authority in order to induce or prevent action by the authority. A licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious psilocybin products. A licensee may not misrepresent to a person or to the public any psil…

475A.474 Purpose of license issued under ORS 475A.210 to 475A.722

A license issued under ORS 475A.210 to 475A.722 serves the purpose of exempting the person that holds the license from the criminal laws of this state for possession, delivery or manufacture of psilocybin products, provided that the person complies with all state laws and rules applicable to licensees. (Disciplining Licensees)

475A.477 Grounds for revocation, suspension or restriction of license

The Oregon Health Authority may revoke, suspend or restrict a license issued under ORS 475A.210 to 475A.722 or require a licensee or licensee representative to undergo training if the authority finds or has reasonable ground to believe any of the following to be true: That the licensee or licensee representative: Has violated a provision of ORS 475A.210 to…

475A.480 Permit required to perform work for or on behalf of licensee

An individual who performs work for or on behalf of a licensee must have a valid permit issued by the Oregon Health Authority under ORS 475A.483 if the individual participates in: The provision of psilocybin services at the premises for which the license has been issued; The possession, manufacturing, securing or selling of psilocybin products at the premi…

475A.483 Issuing, renewing permits; fees; rules

The Oregon Health Authority shall issue permits to qualified applicants to perform work described in ORS 475A.480. The authority shall adopt rules establishing: The qualifications for performing work described in ORS 475A.480; The term of a permit issued under this section; Procedures for applying for and renewing a permit issued under this section; and …

475A.486 Authority to require fingerprints of individuals listed on application

475A.489 Whistleblower protection for employees

It is an unlawful employment practice for a licensee to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation or other terms, conditions or privileges of employment on the basis that the employee has in good faith reported information to the Oregon Health Authority tha…

475A.492 Psilocybin Control and Regulation Fund

The Psilocybin Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer and enforce ORS 475A.210 to 475A.722. (Prohibi…

475A.495 Prohibition against person under 21 years of age entering premises; penalty

Except as authorized by the Oregon Health Authority by rule, or as necessary in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a premises that is posted or otherwise identified as being prohibited to the use of persons under 21 years of age. A person who violates subsection (1) of this section commits a Class B…

475A.498 Use of psilocybin product allowed only at service center and only under facilitator supervision

A client may purchase, possess, and consume a psilocybin product: Only at a psilocybin service center; and Only under the supervision of a psilocybin service facilitator. Note: As originally enacted by the people, the leadline to ORS 475A.498 read “Prohibition against purchasing, possessing, and consuming a psilocybin product outside a psilocybin service …

475A.501 Prohibition against producing identification that falsely indicates age; protections for reliance on identification

A person may not produce any piece of identification that falsely indicates the person’s age. Violation of this section is a Class A misdemeanor. If a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or licensee representative for sale or service of a psilocybin product to a person under 21 years of…

475A.504 Prohibition regarding person who is visibly intoxicated; penalty

A person may not sell, give or otherwise make available a psilocybin product to a person who is visibly intoxicated. Violation of this section is a Class A misdemeanor.

475A.507 Prohibition against giving psilocybin product as prize; penalty

A psilocybin product may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind. Violation of this section is a Class A violation. (Civil Enforcement of ORS 475A.210 to 475A.722)

475A.510 Authority to issue subpoenas

For purposes of ORS 475A.210 to 475A.722, the provisions of ORS 183.440 apply to subpoenas issued by the Oregon Health Authority and to subpoenas issued by an authorized agent of the authority.

475A.513 Civil penalty for violating ORS 475A.210 to 475A.722

In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722 a civil penalty that does not exceed $5,000 for each violation. The authority shall impose civil penalties under this section in the manner provide…

475A.516 Authority of law enforcement to enforce ORS 475A.210 to 475A.722

The law enforcement officers of this state may enforce ORS 475A.210 to 475A.722 and assist the Oregon Health Authority in detecting violations of ORS 475A.210 to 475A.722 and apprehending offenders. A law enforcement officer who has notice, knowledge or reasonable ground of suspicion of a violation of ORS 475A.210 to 475A.722 shall immediately notify the dis…

475A.519 Duty to notify Oregon Health Authority of conviction of licensee

The county courts, district attorneys and municipal authorities, immediately upon the conviction of a licensee of a violation of ORS 475A.210 to 475A.722, or of a violation of any other law of this state or ordinance of a city or county located in this state an element of which is the possession, delivery or manufacture of a psilocybin product, shall notify …

475A.521 Penalty for violation of rule adopted under ORS 475A.235

Subject to ORS 153.022, violation of a rule adopted under ORS 475A.235 (2)(c) is a Class C violation. Note: As originally enacted by the people, the leadline to ORS 475A.521 read “Penalty for violating sections 3 to 129 of this 2020 Act.” The leadline was changed by editorial action. (Regulation by Cities and Counties of Psilocybin Products)

475A.524 Preemption of municipal charter amendments and local ordinances

The provisions of ORS 475A.210 to 475A.722 are designed to operate uniformly throughout the state and are paramount and superior to and fully replace and supersede any municipal charter amendment or local ordinance inconsistent with the provisions of ORS 475A.210 to 475A.722. Amendments and ordinances that are inconsistent with the provisions of ORS 475A.210…

475A.527 No local licenses

The authority to require a license for the manufacturing or sale of psilocybin products in this state, or for the provision of psilocybin services in this state, is vested solely in the Legislative Assembly.

475A.530 Local time, place and manner regulations

For purposes of this section, “reasonable regulations” includes: Reasonable conditions on the manner in which a psilocybin product manufacturer that holds a license issued under ORS 475A.290 may manufacture psilocybin products; Reasonable conditions on the manner in which a psilocybin service center operator that holds a license issued under ORS 475A.305 m…

475A.534 No local tax or fee

The authority to impose a tax or fee on the manufacturing or sale of psilocybin products in this state, or on the provision of psilocybin services in this state, is vested solely in the Legislative Assembly. A county, city or other municipal corporation or district may not adopt or enact ordinances imposing a tax or fee on the manufacturing or sale of psilo…

475A.538 Repeal of city, county ordinance that prohibits certain establishments

The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county: Psilocybin product manufacturers that hold a license issued under ORS 475A.290; Psilocybin service ce…

475A.542 Duty of Oregon Liquor and Cannabis Commission to assist

The Oregon Liquor and Cannabis Commission shall assist and cooperate with the Oregon Health Authority and the State Department of Agriculture to the extent necessary for the authority and the department to carry out the duties of the authority and the department under ORS 475A.210 to 475A.722.

475A.546 Duty of State Department of Agriculture to assist

The State Department of Agriculture shall assist and cooperate with the Oregon Health Authority to the extent necessary for the authority to carry out the duties of the authority under ORS 475A.210 to 475A.722.

475A.550 Authority of State Department of Agriculture

The State Department of Agriculture may possess, test and dispose of psilocybin products.

475A.554 Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law

The Oregon Health Authority, the State Department of Agriculture and the Oregon Liquor and Cannabis Commission may not refuse to perform any duty under ORS 475A.210 to 475A.722 on the basis that manufacturing, distributing, dispensing, possessing or using psilocybin products is prohibited by federal law. The authority may not revoke or refuse to issue or re…

475A.558 Immunity for state agencies, officers and employees in performance of duties

A person may not sue the Oregon Health Authority, the State Department of Agriculture, the Higher Education Coordinating Commission or a member of the commission or the Oregon Liquor and Cannabis Commission or a member of the commission, or any employee of the authority, department or commissions, for performing or omitting to perform any duty, function or p…

475A.562 Authority to purchase, possess, seize or dispose of psilocybin products

Subject to any applicable provision of ORS chapter 131A or 183, any state officer, board, commission, corporation, institution, department or other state body, and any local officer, board, commission, institution, department or other local government body, that is authorized by the statutory laws of this state to perform a duty, function or power with respe…

475A.566 Authority of Governor to suspend license or permit without notice

In case of invasion, disaster, insurrection or riot, or imminent danger of invasion, disaster, insurrection or riot, the Governor may, for the duration of the invasion, disaster, insurrection or riot, or imminent danger, immediately and without notice suspend, in the area involved, any license or permit issued under ORS 475A.210 to 475A.722. (Other Provisio…

475A.570 Psilocybin-producing fungi as crop; exceptions to permitted uses

Psilocybin-producing fungi is: A crop for the purposes of farm use as defined in ORS 215.203; A crop for purposes of a farm and farming practice, both as defined in ORS 30.930; A product of farm use as described in ORS 308A.062; and The product of an agricultural activity for purposes of ORS 568.909. Notwithstanding ORS chapters 195, 196, 197, 197A, 215…

475A.574 Regulation of psilocybin products as food or other commodity subject to regulation by State Department of Agriculture

Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over psilocybin products or a licensee, except that ORS 618.121 to 618.161…

475A.578 Enforceability of contracts

A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing or using psilocybin products is prohibited by federal law.

475A.582 Oregon Health Authority hotline for verification of license

The Oregon Health Authority shall maintain a telephone hotline for the following persons to inquire if an address is the location of a premises for which a license has been issued under ORS 475A.210 to 475A.722 or is the location of a premises for which an application for licensure has been submitted under ORS 475A.245: A person designated by a city or a co…

475A.586 Certain information related to licensure exempt from disclosure

Subject to subsection (2) of this section, information is exempt from public disclosure under ORS 192.311 to 192.478 if the information is: Personally identifiable information, as defined in ORS 432.005; The address of a premises for which a license has been issued or for which an applicant has proposed licensure under ORS 475A.290, 475A.305 or 475A.594; …

475A.587 Confidentiality of information obtained during investigation; disclosure

Except as provided in this section, ORS 475A.586 and 475A.589, the Oregon Health Authority shall keep confidential any information obtained by the authority as part of an investigation of a psilocybin training program or a licensee, licensee representative, applicant for licensure, holder of a permit issued under ORS 475A.483 or applicant for a permit issued…

475A.589 Disclosure of confidential information to public entities

As used in this section, “public entity” means: A board or agency of this state; A board or agency of another state with regulatory or enforcement functions similar to those of the Oregon Health Authority under ORS 475A.210 to 475A.722; A district attorney; The Department of Justice; or A law enforcement agency. Subject to ORS 475A.587, the Oregon Heal…

475A.590 Testing standards and processes; rules

As is necessary to protect the public health and safety, and in consultation with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture, the Oregon Health Authority shall adopt rules: Establishing standards for testing psilocybin products. Identifying appropriate tests for psilocybin products, depending on the type of psilocybin…

475A.594 Laboratory licensure; qualifications; fees; rules

A laboratory that conducts testing of psilocybin products as required by ORS 475A.590 must have a license to operate at the premises at which the psilocybin products are tested. For purposes of this section, the Oregon Health Authority shall adopt rules establishing: Qualifications to be licensed under this section, including that an applicant for licensur…

475A.598 Authority to require fingerprints of applicants and other individuals

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.594. The powers conferred on the authority under this section include the power to require the fingerprints of: If the applicant is a limit…

475A.602 Statement of applicant for license under ORS 475A.594

The Oregon Health Authority may require a licensee or applicant for a license under ORS 475A.594 to submit, in a form and manner prescribed by the authority, to the authority a sworn statement showing: The name and address of each person that has a financial interest in the business operating or to be operated under the license; and The nature and extent o…

475A.606 Laboratory accreditation; qualifications; fees

A laboratory that conducts testing of psilocybin products as required by ORS 475A.590 must be accredited under ORS 438.605 to 438.620 and meet other qualifications as established by the Oregon Health Authority under this section. In addition to other qualifications required pursuant to ORS 438.605 to 438.620, the authority shall require an applicant for acc…

475A.610 Authority of Oregon Health Authority to discipline licensees of authority

Subject to the applicable provisions of ORS chapter 183, if an applicant or licensee violates a provision of ORS 475A.590 to 475A.622 or a rule adopted under a provision of ORS 475A.590 to 475A.622, the Oregon Health Authority may refuse to issue or renew, or may suspend or revoke, a license issued under ORS 475A.290, 475A.305, 475A.325 or 475A.594.

475A.614 Authority of Oregon Health Authority over certain persons, license actions

Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.594, the Oregon Health Authority may: Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or Revise or render void an order suspending or revoking the license. In cases involving the proposed denial of a …

475A.618 Civil penalty for violating ORS 475A.590 to 475A.622

In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475A.590 to 475A.622, or a rule adopted under a provision of ORS 475A.590 to 475A.622, a civil penalty that does not exceed $500 for each day that the violation occurs. The authority shall impose civil penalties unde…

475A.622 Exemption from criminal liability

A person who holds a license under ORS 475A.594, and an employee of or other person who performs work for a person who holds a license under ORS 475A.594, are exempt from the criminal laws of this state for possession, delivery or manufacture of psilocybin, aiding and abetting another in the possession, delivery or manufacture of psilocybin, or any other cri…

475A.626 Labeling requirements; rules

As is necessary to protect the public health and safety, and in consultation with the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, the Oregon Health Authority shall adopt rules establishing standards for the labeling of psilocybin products, including but not limited to: Ensuring that psilocybin products have labeling that c…

475A.630 Authority to require preapproval of labels; fees

The Oregon Health Authority may by rule require a licensee to submit a label intended for use on a psilocybin product for preapproval by the authority before the licensee may sell or transfer a psilocybin product bearing the label. The authority shall determine whether a label submitted under this section complies with ORS 475A.626 and any rule adopted under…

475A.634 Packaging requirements; rules

As is necessary to protect the public health and safety, and in consultation with the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, the Oregon Health Authority shall adopt rules establishing standards for the packaging of psilocybin products, including but not limited to ensuring that psilocybin products are not marketed in a…

475A.638 Authority to require preapproval of packaging; fees

The Oregon Health Authority may by rule require a licensee to submit packaging intended for a psilocybin product for preapproval by the authority before the licensee may sell or transfer a psilocybin product packaged in the packaging. The authority shall determine whether packaging submitted under this section complies with ORS 475A.634 and any rule adopted …

475A.642 Concentration and servings limits; rules

The Oregon Health Authority shall adopt rules establishing: The maximum concentration of psilocybin that is permitted in a single serving of a psilocybin product; and The number of servings that are permitted in a psilocybin product package. In adopting rules under ORS 475A.210 to 475A.722, the authority shall require all psilocybin products sold or trans…

475A.646 Authority of Oregon Health Authority to inspect

To ensure compliance with ORS 475A.626 to 475A.654 and any rule adopted under ORS 475A.626 to 475A.654, the Oregon Health Authority may inspect the premises of a person that holds a license under ORS 475A.290 or 475A.305.

475A.650 Authority of Oregon Health Authority to discipline licensees of authority

Subject to the applicable provisions of ORS chapter 183, if the applicant or licensee violates a provision of ORS 475A.626 to 475A.654 or a rule adopted under a provision of ORS 475A.626 to 475A.654, the Oregon Health Authority may refuse to issue or renew, or may suspend or revoke, a license issued under ORS 475A.290, 475A.305 or 475A.325.

475A.654 Civil penalty for violating ORS 475A.626 to 475A.654

In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475A.626 to 475A.654, or a rule adopted under a provision of ORS 475A.626 to 475A.654, a civil penalty that does not exceed $500 for each day that the violation occurs. The authority shall impose civil penalties unde…

475A.658 Definitions for ORS 475A.658 to 475A.714

As used in ORS 475A.658 to 475A.714: “Retail sale” means any transfer, exchange, gift or barter of a psilocybin product by any person to a client. “Retail sales price” means the price paid for a psilocybin product, excluding tax, to a psilocybin service center operator by or on behalf of a client.

475A.662 Imposition of tax on retail sale of psilocybin products

A tax is hereby imposed upon the retail sale of psilocybin products in this state. The tax imposed by this section is a direct tax on the client, for which payment upon retail sale is required. The tax shall be collected at the point of sale of a psilocybin product by a psilocybin service center operator at the time at which the retail sale occurs. The tax …

475A.666 Collection of tax; refund; credit; penalties

Except as otherwise provided in ORS 475A.658 to 475A.714, the tax imposed upon the client under ORS 475A.662 shall be collected at the point of sale and remitted by each psilocybin service center operator that engages in the retail sale of psilocybin products. The tax is considered a tax upon the psilocybin service center operator that is required to collect…

475A.670 Psilocybin revenue estimate

Not later than 30 days before the beginning of each calendar quarter, the Oregon Department of Administrative Services shall forecast and prepare an estimate of the revenue that will be received during the remainder of the current biennium and subsequent three biennia pursuant to the tax imposed under ORS 475A.662. The estimate may be made on the basis of al…

475A.674 Enforcement; liability; notice of liability; notices of determination and assessment

Every person who collects any amount under ORS 475A.666 shall hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided in ORS 475A.666. At any time a psilocybin service center operator fails to remit any amount collected, the department may enforce collection by the issuan…

475A.678 Duty to keep receipts, invoices and other records

A psilocybin service center operator shall keep receipts, invoices and other pertinent records related to retail sales of psilocybin products in the form required by the Department of Revenue. Each record shall be preserved for five years from the time to which the record relates, or for as long as the psilocybin service center operator retains the psilocybi…

475A.682 Authority to require production of books, papers, accounts and other information

The Department of Revenue has authority, by order or subpoena to be served with the same force and effect and in the same manner as a subpoena is served in a civil action in the circuit court, or the Oregon Tax Court, to require the production at any time and place the department designates of any books, papers, accounts or other information necessary to car…

475A.686 Disclosure of information

Notwithstanding the confidentiality provisions of ORS 475A.706, the Department of Revenue may disclose information received under ORS 317.363 and 475A.658 to 475A.714 to the Oregon Health Authority to carry out the provisions of ORS 475A.210 to 475A.722. The authority may disclose information obtained pursuant to ORS 475A.210 to 475A.722 to the department f…

475A.690 Right to appeal determination of tax liability

Except as otherwise provided in ORS 475A.210 to 475A.722, a person aggrieved by an act or determination of the Department of Revenue or its authorized agent under ORS 317.363 and 475A.658 to 475A.714 may appeal, within 90 days after the act or determination, to the Oregon Tax Court in the manner provided in ORS 305.404 to 305.560. These appeal rights are the…

475A.694 Duty to return excess tax collected

When an amount represented by a psilocybin service center operator at retail to a client as constituting the tax imposed under ORS 475A.658 to 475A.714 is computed upon an amount that is not taxable or is in excess of the taxable amount and is actually paid by the client to the psilocybin service center operator, the excess tax paid shall be returned by the …

475A.698 Authority to retain portions of tax to pay expenses incurred

For the purpose of compensating psilocybin service center operators for expenses incurred in collecting the tax imposed under ORS 475A.662, each psilocybin service center operator is permitted to deduct and retain two percent of the amount of taxes that are collected by the psilocybin service center operator from all retail sales of psilocybin products condu…

475A.702 Duties and powers of Department of Revenue; rules; interagency cooperation

The Department of Revenue shall administer and enforce ORS 475A.658 to 475A.714. The department is authorized to establish rules and procedures for the implementation and enforcement of ORS 475A.658 to 475A.714 that are consistent with ORS 475A.658 to 475A.714 and that the department considers necessary and appropriate to administer and enforce ORS 475A.658 …

475A.706 Applicability of tax laws to ORS 475A.658 to 475A.714

Except as otherwise provided in ORS 475A.658 to 475A.714 or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the audit and examination of returns, periods of limitation, determination of and notices of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, conferences, appeals to the…

475A.710 Oregon Psilocybin Account

There is established the Oregon Psilocybin Account, separate and distinct from the General Fund. The account shall consist of moneys transferred to the account under ORS 475A.714. The Department of Revenue shall certify quarterly the amount of moneys available in the Oregon Psilocybin Account. The department shall transfer quarterly the moneys in the Oreg…

475A.714 Suspense account; payment of expenses; crediting balance to Oregon Psilocybin Account

All moneys received by the Department of Revenue under ORS 475A.658 to 475A.714 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475A.658 to 475A.714 out of moneys received from the tax imposed under ORS 475A.662. Amounts ne…

475A.718 Adoption of ordinances; referral to electors for approval

The governing body of a city or county may adopt ordinances to be referred to the electors of the city or county as described in subsection (2) of this section that prohibit or allow the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county…

475A.722 Severability

If any section, subsection, paragraph, phrase or word of ORS 475A.210 to 475A.722 is held to be unconstitutional, void or illegal, either on its face or as applied, that holding does not affect the applicability, constitutionality or legality of any other section, subsection, paragraph, phrase or word of ORS 475A.210 to 475A.722. To that end, the sections, s…