Measure 109 covered psilocybin testing standards in some detail. It also directed the Oregon Health Authority (OHA) to adopt rules on this topic. I’ll cover the unreleased, first draft of those rules today. They begin at OAR 333-333-7010. As I wrote in parts one and two of this series (training; products) it’s important to remember that
Oregon’s Measure 109 left much to do with “psilocybin products” to the administrative rulemaking process. Measure 109 defined “psilocybin products” as: “(A) psilocybin-producing fungi and (B) mixtures of substances containing a detectable amount of psilocybin.” Pretty simple. Beyond that, the measure directed the Oregon Health Authority to “establish a regulatory framework concerning psilocybin products.” This
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
The DEA violates religious freedom through its opaque and arguably illegal process for applicants seeking religious exemptions to the Controlled Substances Act (CSA). I’ve made this point before. But today, I want to look at one of the more nefarious ways in which the DEA’s exemption process violates religious freedoms. To do that, I first
Importing drug paraphernalia is illegal under the federal Controlled Substances Act (CSA). However, the expansive definition of “drug paraphernalia” can complicate the understanding of what items fit into this category. Federal agencies, particularly U.S. Customs and Border Protection (CBP), consider many factors when determining if a particular item is unlawful or not. Importers of psychedelic-related products need
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
