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MCAP Psilocybin – Administrative Rules and Rulemaking Process

Background on the Rulemaking Process

The Medical Cannabis & Psilocybin (MCAP) Section is required to adopt administrative rules to administer ORS chapter 475A, the Oregon Psilocybin Services Act. The rulemaking process is informed by recommendations from the Oregon Psilocybin Advisory Board (OPAB), input from Rules Advisory Committees (RACs), and comments received during public comment periods. MCAP expects to open administrative rules during the fall of each year. 

You can read current administrative rules here: Oregon Administrative Rules 333-333. 

MCAP psilocybin licensees, license applicants, and training programs can refer to the OPS Guidance on Administrative Rules for guidance on how to comply with administrative rules.

2026 Annual Rulemaking

After careful collaborative consideration and conversations with both PHD and OHA leadership team members, OHA did not move forward with psilocybin rulemaking that would have made significant changes to fees for licensees. Based on feedback OHA received through the Oregon Psilocybin Advisory Board (OPAB), rule advisory committees (RACs) and rulemaking public comment period, the agency will not file final rules as a result of that rulemaking process and will not adopt the proposed fee increases. 

The Medical Cannabis & Psilocybin (MCAP) section is currently leading a new rulemaking process to consider psilocybin rule changes unrelated to proposed fee changes, with a planned effective date of Jan. 15, 2027. 

To receive updates about the rulemaking process and how to engage, please Subscribe to the OPS Distribution List.

November 2026 Rules Advisory Committee Meetings

The MCAP Psilocybin Program is convening two Rules Advisory Committee (RAC) meetings in the first week of November 2026 to discuss draft administrative rules. RAC meetings are open to the public. Click on the meeting date below to access meeting details.

Date
11/2/2026
Information

Date
11/4/2026
Information

Wednesday, November 4, 2026 
1:00pm - 3:00pm (Pacific Time) 


To Join via Zoom:
https://www.zoomgov.com/j/1651419297?pwd=7VcSb3w6ynRJjUf2V3Ihb7S8lAQg17.1

Call in: 1 669 254 5252
Meeting ID: 165 141 9297
Passcode: 258771​


Meeting Materials:

Draft 'Statement of Need' for discussion (will be posted soon)

More Information on Rulemaking Practices

The Medical Cannabis & Psilocybin (MCAP) Section follows the highest standards for administrative rulemaking, which includes robust public engagement to support transparency, accountability and trust.

In addition to receiving recommendations from the Oregon Psilocybin Advisory Board (OPAB) in accordance with ORS 475A, MCAP offers annual public listening sessions to offer opportunities for members of the public to share feedback on the administration of ORS 475A. Public listening sessions are not part of the official rulemaking process, but they have been scheduled each year, offering opportunities to participate during day and evening hours. Spanish and American Sign Language (ASL) interpretation and CART captioning are provided during these three listening sessions.

After receiving OPAB recommendations and feedback from public listening sessions, MCAP  begins the rulemaking process by inviting members of the public to apply to serve on Rules Advisory Committees (RACs). The invitation is sent through the Distribution List, published on the MCAP website, and shared during regularly scheduled meetings.

MCAP schedules multiple, separate RACs to discuss different sections of draft rules, the fiscal impact statement, and the equity impact statement. Multiple RACs offer more opportunities for diverse perspectives to be shared. MCAP publishes the meeting dates and RAC meeting materials, including the first draft of rules that will be discussed, on the MCAP Administrative Rules and Rulemaking Process webpage prior to the RACs convening. This information is also sent to the Distribution List.

After RACS conclude, MCAP revises the draft rules and publishes the proposed rules on the MCAP website in preparation for the 21-day public comment period. During the public comment period, which is advertised through the Distribution List and published on the MCAP website, MCAP hosts multiple public hearings on the proposed rules. By offering multiple public hearings, MCAP creates more opportunities for members of the public to participate at various times of the day, including day and evening hours. Spanish and American Sign Language (ASL) interpretation and CART captioning are provided during public hearings.

After the public comment period concludes, MCAP considers feedback and finalizes administrative rules, submitting them to OHA leadership for approval and then to the Oregon Secretary of State in accordance with state agency processes for adoption.

Once rules are adopted, MCAP writes a letter to the public to share information about decisions that were made. MCAP also publishes a Hearings Officer Report that summarizes comments received.

Once final rules are adopted, MCAP implements new rules and updates materials, processes, forms, and the TLC system.

Past Annual Rulemaking


 View 2024 Rulemaking Materials and Recordings

 View 2023 Rulemaking Materials and Recordings

 View 2022 Rulemaking Materials and Recordings