Burns City Council votes to put Measure 109 on the November Ballot

Psilocybin Services Act, permits licensed “therapists” to use psilocybin to treat chronic mental illness. the act is very similar to Oregon’s Cannabis Legalization Act and generally allows the administration and consumption of psilocybin (a) at a licensed “psilocybin service center”, (b) under the supervision of a licensed “psilocybin service facilitator.”

The Legislative Assembly will have control over licensure for the manufacture and/or sale of psilocybin.  As such, a city or county will have no authority to grant local licenses or impose an additional tax and/or fee on the manufacture or sale of psilocybin products.  The OHA will begin accepting applications for licenses related to psilocybin services beginning January 2, 2023. 

The Act presumes all cities and counties are “opted in” to permitting psilocybin services.  Cities and counties that desire to prohibit the establishment of psilocybin-related businesses may do so by referral as early as the November 8, 2022 election.  If a city or county chooses not to refer the “opt-out” option to voters this November, it will not have another opportunity to do so until the next statewide general election in 2024.  If the voters elect to prohibit psilocybin services this November, the governing body must provide the text of the prohibiting ordinance to OHA.  Upon receipt of the ordinance, OHA will discontinue licensing those premises to which the prohibition applies.

As of now, the OHA Rules Advisory Committee has adopted a first set of rules related to psilocybin products, testing, and training programs.  A second set of rules will not be released until November 2022.  The final rules needed to implement the Act must be adopted by December 31, 2022. 

A city or county desiring to refer a ballot can do so. During Burns City Council meeting the council voted to place this measure on the November ballot. Mayor Jerry Woodfin stated at last nights council meeting “that his personal opinion is that this should be a decision that is left to the people, the voting people of our community.”