Chapter 475A — Chapter 475A

ORS 475A.489 Whistleblower protection for employees. (1) It is an unlawful employment practice for a licensee to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation or other terms, conditions or privileges of employment on the basis that the employee has in good faith reported information to the Oregon Health Authority that the employee believes is evidence of a violation of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722

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ORS 475A.492 Psilocybin Control and Regulation Fund. The Psilocybin Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer and enforce ORS 475A.210 to 475A.722. [2021 c.1 §69]

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ORS 475A.495 Prohibition against person under 21 years of age entering premises; penalty. (1) Except as authorized by the Oregon Health Authority by rule, or as necessary in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a premises that is posted or otherwise identified as being prohibited to the use of persons under 21 years of age

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ORS 475A.498 Use of psilocybin product allowed only at service center and only under facilitator supervision. A client may purchase, possess, and consume a psilocybin product

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ORS 475A.501 Prohibition against producing identification that falsely indicates age; protections for reliance on identification. (1) A person may not produce any piece of identification that falsely indicates the person’s age

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ORS 475A.504 Prohibition regarding person who is visibly intoxicated; penalty. (1) A person may not sell, give or otherwise make available a psilocybin product to a person who is visibly intoxicated

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ORS 475A.507 Prohibition against giving psilocybin product as prize; penalty. (1) A psilocybin product may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind

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ORS 475A.510 Authority to issue subpoenas. For purposes of ORS 475A.210 to 475A.722, the provisions of ORS 183.440 apply to subpoenas issued by the Oregon Health Authority and to subpoenas issued by an authorized agent of the authority. [2021 c.1 §74]

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ORS 475A.513 Civil penalty for violating ORS 475A.210 to 475A.722. In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722 a civil penalty that does not exceed $5,000 for each violation. The authority shall impose civil penalties under this section in the manner provided by ORS 183.745. Moneys collected under this section shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492. [2021 c.1 §75]

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ORS 475A.516 Authority of law enforcement to enforce ORS 475A.210 to 475A.722. The law enforcement officers of this state may enforce ORS 475A.210 to 475A.722 and assist the Oregon Health Authority in detecting violations of ORS 475A.210 to 475A.722 and apprehending offenders. A law enforcement officer who has notice, knowledge or reasonable ground of suspicion of a violation of ORS 475A.210 to 475A.722 shall immediately notify the district attorney who has jurisdiction over the violation and furnish the district attorney who has jurisdiction over the violation with names and addresses of any witnesses to the violation or other information related to the violation. [2021 c.1 §76]

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ORS 475A.519 Duty to notify Oregon Health Authority of conviction of licensee. The county courts, district attorneys and municipal authorities, immediately upon the conviction of a licensee of a violation of ORS 475A.210 to 475A.722, or of a violation of any other law of this state or ordinance of a city or county located in this state an element of which is the possession, delivery or manufacture of a psilocybin product, shall notify the Oregon Health Authority of the conviction. [2021 c.1 §77]

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ORS 475A.521 Penalty for violation of rule adopted under ORS 475A.235. Subject to ORS 153.022, violation of a rule adopted under ORS 475A.235 (2)(c) is a Class C violation. [2021 c.1 §78]

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ORS 475A.524 Preemption of municipal charter amendments and local ordinances. The provisions of ORS 475A.210 to 475A.722 are designed to operate uniformly throughout the state and are paramount and superior to and fully replace and supersede any municipal charter amendment or local ordinance inconsistent with the provisions of ORS 475A.210 to 475A.722. Amendments and ordinances that are inconsistent with the provisions of ORS 475A.210 to 475A.722 are repealed. [2021 c.1 §79]

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ORS 475A.527 No local licenses. The authority to require a license for the manufacturing or sale of psilocybin products in this state, or for the provision of psilocybin services in this state, is vested solely in the Legislative Assembly. [2021 c.1 §80]

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ORS 475A.530 Local time, place and manner regulations. (1) For purposes of this section, “reasonable regulations” includes

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ORS 475A.534 No local tax or fee. (1) The authority to impose a tax or fee on the manufacturing or sale of psilocybin products in this state, or on the provision of psilocybin services in this state, is vested solely in the Legislative Assembly

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ORS 475A.538 Repeal of city, county ordinance that prohibits certain establishments. (1) The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county

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ORS 475A.542 Duty of Oregon Liquor and Cannabis Commission to assist. The Oregon Liquor and Cannabis Commission shall assist and cooperate with the Oregon Health Authority and the State Department of Agriculture to the extent necessary for the authority and the department to carry out the duties of the authority and the department under ORS 475A.210 to 475A.722. [2021 c.1 §84]

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ORS 475A.546 Duty of State Department of Agriculture to assist. The State Department of Agriculture shall assist and cooperate with the Oregon Health Authority to the extent necessary for the authority to carry out the duties of the authority under ORS 475A.210 to 475A.722. [2021 c.1 §85]

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ORS 475A.550 Authority of State Department of Agriculture. The State Department of Agriculture may possess, test and dispose of psilocybin products. [2021 c.1 §86]

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ORS 475A.554 Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law. (1) The Oregon Health Authority, the State Department of Agriculture and the Oregon Liquor and Cannabis Commission may not refuse to perform any duty under ORS 475A.210 to 475A.722 on the basis that manufacturing, distributing, dispensing, possessing or using psilocybin products is prohibited by federal law

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ORS 475A.558 Immunity for state agencies, officers and employees in performance of duties. A person may not sue the Oregon Health Authority, the State Department of Agriculture, the Higher Education Coordinating Commission or a member of the commission or the Oregon Liquor and Cannabis Commission or a member of the commission, or any employee of the authority, department or commissions, for performing or omitting to perform any duty, function or power of the authority, department or commissions set forth in ORS 475A.210 to 475A.722 or in any other law of this state requiring the authority, department or commissions to perform a duty, function or power related to psilocybin products. [2021 c.1 §88; 2023 c.555 §1]

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ORS 475A.562 Authority to purchase, possess, seize or dispose of psilocybin products. Subject to any applicable provision of ORS chapter 131A or 183, any state officer, board, commission, corporation, institution, department or other state body, and any local officer, board, commission, institution, department or other local government body, that is authorized by the statutory laws of this state to perform a duty, function or power with respect to a psilocybin product, may purchase, possess, seize or dispose of the psilocybin product as the state officer, board, commission, corporation, institution, department or other state body, or the local officer, board, commission, institution, department or other local government body, considers necessary to ensure compliance with and enforce the applicable statutory law or any rule adopted under the applicable statutory law. [2021 c.1 §89]

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ORS 475A.566 Authority of Governor to suspend license or permit without notice. In case of invasion, disaster, insurrection or riot, or imminent danger of invasion, disaster, insurrection or riot, the Governor may, for the duration of the invasion, disaster, insurrection or riot, or imminent danger, immediately and without notice suspend, in the area involved, any license or permit issued under ORS 475A.210 to 475A.722. [2021 c.1 §90]

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ORS 475A.570 Psilocybin-producing fungi as crop; exceptions to permitted uses. (1) Psilocybin-producing fungi is

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ORS 475A.574 Regulation of psilocybin products as food or other commodity subject to regulation by State Department of Agriculture. (1) Notwithstanding the authority granted to the State Department of Agriculture under ORS chapters 571, 618 and 633 and ORS 632.275 to 632.290, 632.450 to 632.490, 632.516 to 632.625, 632.705 to 632.815, 632.835 to 632.849 and 632.900 to 632.985, the department may not exercise authority over psilocybin products or a licensee, except that ORS 618.121 to 618.161, 618.991, 618.995, 633.311 to 633.479, 633.992 and 633.994 apply to psilocybin products or to a licensee

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ORS 475A.578 Enforceability of contracts. A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing or using psilocybin products is prohibited by federal law. [2021 c.1 §93]

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ORS 475A.582 Oregon Health Authority hotline for verification of license. The Oregon Health Authority shall maintain a telephone hotline for the following persons to inquire if an address is the location of a premises for which a license has been issued under ORS 475A.210 to 475A.722 or is the location of a premises for which an application for licensure has been submitted under ORS 475A.245

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ORS 475A.586 Certain information related to licensure exempt from disclosure. (1) Subject to subsection (2) of this section, information is exempt from public disclosure under ORS 192.311 to 192.478 if the information is

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ORS 475A.587 Confidentiality of information obtained during investigation; disclosure. (1) Except as provided in this section, ORS 475A.586 and 475A.589, the Oregon Health Authority shall keep confidential any information obtained by the authority as part of an investigation of a psilocybin training program or a licensee, licensee representative, applicant for licensure, holder of a permit issued under ORS 475A.483 or applicant for a permit issued under ORS 475A.483, including any information contained in a complaint, and any information that might reasonably lead to the identification of a complainant

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ORS 475A.589 Disclosure of confidential information to public entities. (1) As used in this section, “public entity” means

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ORS 475A.590 Testing standards and processes; rules. (1) As is necessary to protect the public health and safety, and in consultation with the Oregon Liquor and Cannabis Commission and the State Department of Agriculture, the Oregon Health Authority shall adopt rules

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ORS 475A.594 Laboratory licensure; qualifications; fees; rules. (1) A laboratory that conducts testing of psilocybin products as required by ORS 475A.590 must have a license to operate at the premises at which the psilocybin products are tested

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ORS 475A.598 Authority to require fingerprints of applicants and other individuals. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.594. The powers conferred on the authority under this section include the power to require the fingerprints of

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ORS 475A.602 Statement of applicant for license under ORS 475A.594. (1) The Oregon Health Authority may require a licensee or applicant for a license under ORS 475A.594 to submit, in a form and manner prescribed by the authority, to the authority a sworn statement showing

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ORS 475A.606 Laboratory accreditation; qualifications; fees. (1) A laboratory that conducts testing of psilocybin products as required by ORS 475A.590 must be accredited under ORS 438.605 to 438.620 and meet other qualifications as established by the Oregon Health Authority under this section

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ORS 475A.610 Authority of Oregon Health Authority to discipline licensees of authority. Subject to the applicable provisions of ORS chapter 183, if an applicant or licensee violates a provision of ORS 475A.590 to 475A.622 or a rule adopted under a provision of ORS 475A.590 to 475A.622, the Oregon Health Authority may refuse to issue or renew, or may suspend or revoke, a license issued under ORS 475A.290, 475A.305, 475A.325 or 475A.594. [2021 c.1 §101]

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ORS 475A.614 Authority of Oregon Health Authority over certain persons, license actions. (1) Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.594, the Oregon Health Authority may

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ORS 475A.618 Civil penalty for violating ORS 475A.590 to 475A.622. (1) In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475A.590 to 475A.622, or a rule adopted under a provision of ORS 475A.590 to 475A.622, a civil penalty that does not exceed $500 for each day that the violation occurs

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ORS 475A.622 Exemption from criminal liability. A person who holds a license under ORS 475A.594, and an employee of or other person who performs work for a person who holds a license under ORS 475A.594, are exempt from the criminal laws of this state for possession, delivery or manufacture of psilocybin, aiding and abetting another in the possession, delivery or manufacture of psilocybin, or any other criminal offense in which possession, delivery or manufacture of psilocybin is an element, while performing activities related to testing as described in ORS 475A.590 to 475A.622. [2021 c.1 §104]

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ORS 475A.626 Labeling requirements; rules. (1) As is necessary to protect the public health and safety, and in consultation with the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, the Oregon Health Authority shall adopt rules establishing standards for the labeling of psilocybin products, including but not limited to

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ORS 475A.630 Authority to require preapproval of labels; fees. (1) The Oregon Health Authority may by rule require a licensee to submit a label intended for use on a psilocybin product for preapproval by the authority before the licensee may sell or transfer a psilocybin product bearing the label. The authority shall determine whether a label submitted under this section complies with ORS 475A.626 and any rule adopted under ORS 475A.626

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ORS 475A.634 Packaging requirements; rules. (1) As is necessary to protect the public health and safety, and in consultation with the State Department of Agriculture and the Oregon Liquor and Cannabis Commission, the Oregon Health Authority shall adopt rules establishing standards for the packaging of psilocybin products, including but not limited to ensuring that psilocybin products are not marketed in a manner that

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ORS 475A.638 Authority to require preapproval of packaging; fees. (1) The Oregon Health Authority may by rule require a licensee to submit packaging intended for a psilocybin product for preapproval by the authority before the licensee may sell or transfer a psilocybin product packaged in the packaging. The authority shall determine whether packaging submitted under this section complies with ORS 475A.634 and any rule adopted under ORS 475A.634

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ORS 475A.642 Concentration and servings limits; rules. (1) The Oregon Health Authority shall adopt rules establishing

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ORS 475A.646 Authority of Oregon Health Authority to inspect. To ensure compliance with ORS 475A.626 to 475A.654 and any rule adopted under ORS 475A.626 to 475A.654, the Oregon Health Authority may inspect the premises of a person that holds a license under ORS 475A.290 or 475A.305. [2021 c.1 §110]

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ORS 475A.650 Authority of Oregon Health Authority to discipline licensees of authority. Subject to the applicable provisions of ORS chapter 183, if the applicant or licensee violates a provision of ORS 475A.626 to 475A.654 or a rule adopted under a provision of ORS 475A.626 to 475A.654, the Oregon Health Authority may refuse to issue or renew, or may suspend or revoke, a license issued under ORS 475A.290, 475A.305 or 475A.325. [2021 c.1 §111]

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ORS 475A.654 Civil penalty for violating ORS 475A.626 to 475A.654. (1) In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose for each violation of a provision of ORS 475A.626 to 475A.654, or a rule adopted under a provision of ORS 475A.626 to 475A.654, a civil penalty that does not exceed $500 for each day that the violation occurs

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ORS 475A.658 Definitions for ORS 475A.658 to 475A.714. As used in ORS 475A.658 to 475A.714

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ORS 475A.662 Imposition of tax on retail sale of psilocybin products. (1) A tax is hereby imposed upon the retail sale of psilocybin products in this state. The tax imposed by this section is a direct tax on the client, for which payment upon retail sale is required. The tax shall be collected at the point of sale of a psilocybin product by a psilocybin service center operator at the time at which the retail sale occurs

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