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Oregon Psilocybin - Local Government Considerations

Background

Ballot Measure 109, now codified in Oregon Statute as ORS 475A: Psilocybin Regulation, directs the Oregon Health Authority (OHA) to license and regulate psilocybin products and the provision of psilocybin services. We are currently in a two-year development period, from January 1, 2021 to December 31, 2022. We will begin accepting license applications on January 2, 2023. 

     Local Government - Frequently Asked Questions (FAQ) 

Land Use Compatibility Statements (LUCS)

ORS 475A: Psilocybin Regulation requires applicants for manufacturer and service center licenses to request a land use compatibility statement (LUCS) from the city or county where the proposed business is located. The LUCS must be completed as a condition of licensure, and it must show that the location's zoning is consistent with the proposed use. For convenience, the Oregon Psilocybin Services Section provides a standard LUCS form:

     Land Use Compatibility Statement (LUCS) Form 

Opt-Out Ordinances 

Local governments may adopt ordinances that prohibit service centers and manufacturers from operating within their local jurisdictions. Ordinances must be approved by voters at the next statewide general election. When a local government adopts an ordinance, they are required to provide a copy of the adopted ordinance to Oregon Psilocybin Services. Ordinances can be sent to our general email address: OHA.Psilocybin@odhsoha.oregon.gov.

When Oregon Psilocybin Services Section receives notice of local ordinance, we will cease issuing licenses within that jurisdiction. If the ordinance is not approved by voters in the next statewide general election, OHA will then begin licensing those psilocybin businesses that meet the criteria established in statute and rule on the first business day of the January immediately following the date of the next statewide general election. 

Ordinances that have been adopted by local governments can be found on the Oregon Secretary of State Local Measures Search website. Use the following search terms to locate local measures related to psilocybin: "2022" for Year, "2022 General Election" for Election, and "Psilocybin" for Ballot Title Caption.

Time Place and Manner Regulations

Local governments may adopt reasonable regulations on the operation of licensed businesses within their jurisdiction, including hours of operation and location.