Title 37, Alcoholic Liquors; Controlled Substances; Drugs

(1) Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or (b) Revise or …

(1) Notwithstanding the lapse, suspension or revocation of a permit issued under ORS 475A.483, the Oregon Health Authority may: (a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit; or (b) Revise or render void an…

A psilocybin product manufacturer that holds a license under ORS 475A.290 may not manufacture psilocybin products outdoors. [2021 c.1 §52]

(1) A psilocybin product manufacturer that holds a license under ORS 475A.290: (a) May deliver psilocybin products only to or on a premises for which a license has been issued under ORS 475A.290 or 475A.305; and (b) May receive psilocybin products only from a psilocybin product m…

A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age. [2021 c.1 §54]

(1) Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification: (a) The person’s passport. (b) The person’s …

A psilocybin service center operator, a psilocybin service facilitator or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during th…

A psilocybin service facilitator may not consume a psilocybin product during an administration session that the psilocybin service facilitator is supervising. [2021 c.1 §58] Note: As originally enacted by the people, the leadline to ORS 475A.455 read “Prohibition against psilocyb…

(1) A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475A.210 to 475A.722. (2) During an inspection of a premises for which a license has been issued under ORS 475A.210 to 475A.722, the Oregon Health Authority ma…

(1) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container’s contents or if the mark or label in any way might deceive a per…

(1) A psilocybin product may not be sold or offered for sale within this state unless the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state. (2) The Oregon Health Authority may prohibit the sale of a psilocybin product by a psil…

(1) A person may not make false representations or statements to the Oregon Health Authority in order to induce or prevent action by the authority. (2) A licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious psil…

A license issued under ORS 475A.210 to 475A.722 serves the purpose of exempting the person that holds the license from the criminal laws of this state for possession, delivery or manufacture of psilocybin products, provided that the person complies with all state laws and rules a…

The Oregon Health Authority may revoke, suspend or restrict a license issued under ORS 475A.210 to 475A.722 or require a licensee or licensee representative to undergo training if the authority finds or has reasonable ground to believe any of the following to be true: (1) That th…

(1) An individual who performs work for or on behalf of a licensee must have a valid permit issued by the Oregon Health Authority under ORS 475A.483 if the individual participates in: (a) The provision of psilocybin services at the premises for which the license has been issued; …

(1) The Oregon Health Authority shall issue permits to qualified applicants to perform work described in ORS 475A.480. The authority shall adopt rules establishing: (a) The qualifications for performing work described in ORS 475A.480; (b) The term of a permit issued under this se…

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.483. [2021 c.1 §67]

(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 th…

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 Orego…

(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 y…

A client may purchase, possess, and consume a psilocybin product: (1) Only at a psilocybin service center; and (2) Only under the supervision of a psilocybin service facilitator. [2021 c.1 §57] Note: As originally enacted by the people, the leadline to ORS 475A.498 read “Prohibit…

(1) A person may not produce any piece of identification that falsely indicates the person’s age. (2) Violation of this section is a Class A misdemeanor. (3) If a piece of identification is offered as evidence in any administrative or criminal prosecution of a licensee or license…

(1) A person may not sell, give or otherwise make available a psilocybin product to a person who is visibly intoxicated. (2) Violation of this section is a Class A misdemeanor. [2021 c.1 §72]

(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. (2) Violation of this section is a Class A violation. [2021 c.1 §73] (Civil Enforcement of ORS 475A.210 to 475A.722)

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]

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…

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 suspi…

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 i…

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] Note: As originally enacted by the people, the leadline to ORS 475A.521 read “Penalty for violating sections 3 to 129 of this 2020 Act.” The leadline was changed b…

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. Ame…

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]

(1) For purposes of this section, “reasonable regulations” includes: (a) Reasonable conditions on the manner in which a psilocybin product manufacturer that holds a license issued under ORS 475A.290 may manufacture psilocybin products; (b) Reasonable conditions on the manner in w…

(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. (2) A county, city or other municipal corporation or district may no…

(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: (a) Psilocybin prod…

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.21…

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]

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

(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 …

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, departme…

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 …

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 involve…

(1) Psilocybin-producing fungi is: (a) A crop for the purposes of farm use as defined in ORS 215.203; (b) A crop for purposes of a farm and farming practice, both as defined in ORS 30.930; (c) A product of farm use as described in ORS 308A.062; and (d) The product of an agricultu…

(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 …

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]

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 licensu…

(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: (a) Personally identifiable information, as defined in ORS 432.005; (b) The address of a premises for which a license has been issued or…

(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 lice…

(1) As used in this section, “public entity” means: (a) A board or agency of this state; (b) A board or agency of another state with regulatory or enforcement functions similar to those of the Oregon Health Authority under ORS 475A.210 to 475A.722; (c) A district attorney; (d) Th…

(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: (a) Establishing standards for testing psilocybin products. (b) …

(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. (2) For purposes of this section, the Oregon Health Authority shall adopt rules establishing: (a) …