As the Oregon Health Authority moves forward with creating a program for the legal consumption of psilocybin following the enactment of Measure 109, other efforts to normalize the medical use of psilocybin continue. This week the Ninth Circuit ruled on a case concerning whether a physician may administer psilocybin without incurring liability under the Controlled
The rules on Oregon psilocybin training programs, products and testing will be critical to the success of Measure 109. Last month, I advised that interested parties could look for these administrative rules sometime in May of 2022. The first known drafts, dated December 17, 2021, have been in our possession for a while, however, and
I get the same questions any time I tell someone that my law firm has a psychedelics practice group. One of the top 5 is: “is microdosing psilocybin legal?” The short answer is no. But like any area of the law, it’s complex. Today, I’ll dissect the legality of microdosing psilocybin. What is psilocybin microdosing?
Welcome to the third installment of this series surveying business and regulatory issues in the Oregon psilocybin program. Today I’ll cover real estate, insurance and employment issues. Real Estate Issues for Oregon Psilocybin Businesses Real estate is one of the areas where psilocybin will be fairly analogous to cannabis, with some wrinkles. Leasing Property for
The Oregon psilocybin advertising rules should be interesting. As a matter of law, advertising is a form of “commercial speech”, and the Oregon Constitution’s free speech guarantee is one of the nation’s strongest. In fact, it is broader in scope than even the First Amendment to the U.S. Constitution. Today, we want to cover some
Welcome to the second installment in this series surveying business and regulatory issues for Oregon psilocybin program players. In part one, I covered the general process and schedule of Oregon Health Authority (OHA) rulemaking, by and through the Oregon Psilocybin Advisory Board. I also covered residency requirements, further restrictions on ownership, and taxation issues. In
On January 6, lawmakers filed a Washington psilocybin legalization bill, SB 5660, the Washington Psilocybin Services Wellness and Opportunity Act. Two attorneys in our law firm’s psychedelics practice, Mason Marks and John Rapp, helped craft this vanguard bill (Mason’s write-up is here). In the event legalization of psilocybin occurs in Washington, this post covers what
We’ve been taking early calls on Oregon psilocybin for over a year, going back to when Measure 109 passed. I’m always happy to talk to people, but there simply isn’t much to do yet. Currently, the Oregon Psilocybin Advisory Board (“Board”) and its subcommittees are meeting to formulate recommendations on program rules. Eventually draft rules
Time for another Oregon psilocybin licensing discussion update. We have now crossed the halfway point of the Oregon Health Authority (OHA) two-year development phase to create regulations based on Ballot Measure 109. As a reminder, there are five subcommittees covering different aspects of the emerging psilocybin industry. They include: research, health equity, manufacturing, training, and
This article was first published yesterday on Harvard Law School’s Petrie-Flom Center Bill of Health Blog. On Tuesday, Washington State legislators filed SB 5660, a bill that would legalize the supported adult use of psilocybin by people 21 years of age and older. Washington Psilocybin Services Wellness and Opportunity Act Sponsored by Senators Jesse Salomon and Liz Lovelett,
