New Ruling Moves Oregon Closer to Legal In-Home Psilocybin Use
A lawsuit seeking the development of in-home psilocybin services for individuals with disabilities in Oregon will continue after a U.S. district court denied a motion to dismiss on May 30. The case could set an important precedent for future drug laws and accessibility for all Americans, including those with disabilities.
In 2020, 56 percent of Oregonians voted in favor of the Oregon Psilocybin Services Act (Measure 109), which directed the Oregon Health Authority to license and regulate psilocybin products and services for individuals aged 21 and older. While a handful of cities in the U.S. had previously decriminalized psilocybin, Oregon was the first state to both decriminalize and create a legal regulatory framework for its supervised use.Â
After two years of rule drafting, the OHA began accepting applications in 2023 for licensed psilocybin service centers, which are regulated facilities where psilocybin can be administered. Rather than focus on selling a product, service centers are geared toward health and wellness and are designed to offer support before, during, and after psilocybin use by licensed service facilitators. This model opened up psilocybin use for most Oregon residents but makes accessing psilocybin services impossible for individuals unable to leave home because of a disability. To fix this oversight in the law, four practitioners licensed by the state to guide people through psilocybin experiences have alleged that the current OHA process fails to reasonably accommodate those with disabilities as required under the Americans with Disabilities Act (ADA).Â
Cusker et al v. OHA was filed after the OHA denied the plaintiffs’ request for a process to be developed for in-home psilocybin services to people with disabilities who are unable to visit service centers. In response to the request, state attorneys argued that “there is no legal pathway to make accommodations for psilocybin to be consumed outside of a licensed service center” and that Measure 109 “would need to be a
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