Oregon unveils rules for new psilocybin therapy program

Oregon regulators have released the first round of rules for the state’s new, voter-approved psilocybin therapy program.

The rules, released last week by the Oregon Health Authority, detail various manufacturing requirements and safety procedures, as well as the types of psilocybin products allowed.

According to The Oregonian, these are “just the first rules for a program scheduled to take effect in January 2023,” while “the remaining rules will be reviewed in the fall and approved by December 31.”

Oregon Psilocybin Services, a division within the Oregon Health Authority’s Public Health Division’s Center for Health Protection tasked with implementing the new law, provided context on the new rules in a letter to the public last week.

The agency said it “received approximately 200 written and oral comments during the April 1-22, 2022 public comment period and relied on those comments to further refine the final rules.”

“In some cases, public comments have been included in the adopted rules, in others not. OPS weighed competing priorities and viewpoints received during the rulemaking process of revision, taking into account equity, public health and safety,” the letter reads. “Additionally, OPS considered the legal authority of the Oregon Psilocybin Services Act and the scope of current rulemaking. OPS received numerous comments that may be relevant to future rulemaking but did not relate to the content of the proposed rules in this subset of rules. It is important to note that this letter does not address every change to the draft rules. Instead, it responds to the most common themes observed during the public comment period.”

Chief among the newly revealed rules was the decision to allow manufacturers to cultivate a species of mushroom: Psilocybe Cubensis.

“OPS received comments requesting that the rules allow for additional species of mushrooms and the use of additional substrates. The Oregon Psilocybin Advisory Board recommended restricting cultivation to Psilocybe Cubensis and banning substrates that could pose a health and safety risk. To avoid the risk associated with deadly, venomous look-alikes and the potential for wood-loving paralysis and animal-borne pathogens, OPS has endorsed this recommendation in the final rules. Raw manure is forbidden, but finished compost is allowed. OPS looks forward to considering additional species in the future through continued dialogue with the public and recommendations from the Oregon Psilocybin Advisory Board,” the letter said.

In 2020, Oregon voters passed Ballot Measure 110, which legalized the therapeutic use of psilocybin and decriminalized all drugs.

The successful passage of the proposal was widely hailed as a major breakthrough for the drug reform movement.

“Today’s victory is a landmark declaration that it’s time to stop criminalizing people for drug use,” said Kassandra Frederique of the Drug Policy Alliance, one of the groups pushing for Vote 110. “Measure 110 is arguably the biggest blow to The War on Drugs to date. It puts the focus where it belongs – on people and public health – and eliminates one of the most common justifications for law enforcement to harass, arrest, prosecute, imprison and deport people. As we saw with the domino effect of legalizing marijuana, we expect this victory will inspire other states to enact their own drug decriminalization policies that prioritize health over punishment.”

“While drug decriminalization cannot fully mend our broken and oppressive criminal justice system or the harms of an unregulated drug market, moving from outright prohibition to drug decriminalization is a monumental step forward in this fight,” Frederique continued. “It paves the way to treating drug use as a health problem, restoring individual liberty, removing one of the biggest bases of police abuse, and greatly reducing government waste.”