Our psychedelics team routinely fields questions from non-Oregon residents looking for Oregon psilocybin licenses. However, one of Measure 109's more infamous requirements is its residency requirement. These provisions require that, until January 1, 2025, manufacturing facilities and service centers must have majority ownership by individual(s) who have resided in Oregon for at least two years. Likewise, until January 1, 2025, facilitators must have resided in Oregon for at least two years.
These provisions create major roadblocks to people from California, Washington, or many other states looking to pick up psilocybin licenses in Oregon. Today, we'll break down some of the key issues for non-Oregon residents looking for psilocybin licenses.
Before jumping into the analysis, I should point out that residency requirements have been a huge issue for cannabis licensees basically forever. We've written about them - and why we think they violate the federal Constitution's dormant commerce clause - on our sister Canna Law Blog. I won't recount the legal argument in full here but it bears noting that recently, a federal court came to the same conclusion regarding Maine's unconstitutional residency requirement. This is not binding on all other jurisdictions or with respect to psilocybin licenses, but it tends to highlight what we think is a likely legal outcome if someone were to fight something like this in court.
That said, someone would need to sue the state of Oregon and challenge its residency requirement as unconstitutional in order to get to that point. We think it unlikely that someone will go through the effort of suing in federal court (where psilocybin is federally illegal). Even if they do, the incentives are not necessarily as strong because (1) Oregon's residency requirement sunsets on January 1, 2025, and (2) Oregon's residency requirement isn't absolute. That is, other than with respect to facilitator licenses, non-Oregon residents can still own up to 49.9% of a manufacturer or service center license.
In sum, the chance that someone takes Oregon to court over this requirement seems pretty slim. So we just assume that the requirement will stand for the time being. With that in mind, let's break down what can and cannot happen.
首先，如前所述，若某家企业（而非个人）持有服务中心或裸盖菇素生产许可证，该企业最多可有49.9%的股权由非俄勒冈州居民持有。 这意味着在最初两年内，本地居民必须持有多数股权。但似乎并未禁止非俄勒冈州居民通过书面协议在2025年1月1日或之后取得多数股权。
Second, facilitator licenses are psilocybin licenses for individuals. There's no getting around the residency requirement prior to January 1, 2025. But as mentioned, these facilitators can work in service centers that are partially owned by out-of-staters.
第三，关于居住满两年的要求本身存在一定模糊性。法律并未明确规定这两年必须是紧接之前的两年，也未要求其必须连续居住。然而俄勒冈州裸盖菇素法规草案似乎明确了该州要求申请人必须在紧接之前的两年内连续居住。草案相关条款（重点标注部分）如下：
根据本规则要求提供的居住证明可通过以下方式提交：
(a) 申请日期前至少两年内签发的有效俄勒冈州驾驶执照或俄勒冈州身份证。
(b) 过去两年俄勒冈州全年居民纳税申报表。
(c) 申请日期前至少两年内签发的俄勒冈州选民登记证明；
(d) 公用事业账单、租赁协议、租金收据、按揭对账单或类似文件，其中载有申请人的姓名和地址，且日期至少为申请日期前两年内，并包含最近一个月的记录。
(e) 无家可归者收容所、非营利机构、雇主或政府机构出具的证明信，证明申请人已在俄勒冈州居住至少两年。
(f) 主管机关认定可可靠证明 过去两年内俄勒冈州居住证明。
The rules are not finalized and we have not yet seen the applications yet (which will almost certainly contain attestations about residency) so it's impossible to say for sure, but it looks like Oregon will want to see evidence of two years of prior residency.
关键在于，目前非俄勒冈州居民可持有制造及服务中心类裸盖菇素许可证的少数股权，但不得持有协调员许可证。若州议会未作干预，自2025年1月1日起，上述限制将全面解除。但现阶段，非俄勒冈州居民的经营权限仍受限制。
有关俄勒冈州居住要求的相关文章，请参阅以下内容：
