A Guide to Oregon’s Legal Psilocybin Services
The First Legal Model for Psychedelic Therapy
When Oregon voters approved Measure 109 in November 2020, it made Oregon as the first state in the U.S. and the first location in the world to officially legalize and implement psychedelic services for therapeutic purposes. The vote led to the creation of a regulated environment for the safe use of psilocybin by adults aged 21 and older in a controlled setting. Unlike marijuana legalization efforts, which created retail operations for personal use, Measure 109 focused exclusively on creating a regulated system for regulated psilocybin products to be consumed at specific locations under guided supervision of licensed facilitators.
The vote created the Oregon Psilocybin Services (OPS) division within the Oregon Health Authority (OHA), which was given responsibility for overseeing the creation, implementation and maintenance of the new regulatory framework, including licensing. They established guidelines on safety, training, and product testing to ensure safe use at Psilocybin Service Centers such as Lucid Cradle.
While this allowed for the legal provision of psilocybin services across the state, counties and cities in Oregon were given the option to opt out and ban psilocybin businesses within their jurisdictions. As of 2023, approximately 100 Oregon cities and 25 counties have exercised this opt-out provision, prohibiting the establishment of any psilocybin businesses. This local control mechanism was built into the law to address concerns from more hesitant communities and to give those communities control over time and place regulations for how they would be implemented.
Bend, Oregon, for example, has tried to balance community concerns, allowing psilocybin services, but limiting them to specific zoning, specifically excluding residential or farmland locations. In Deschutes County, Service Centers were permitted within the Bend city limits but not in nearby cities of Redmond or La Pine, nor on unincorporated lands. Nearby Crook County and the city of Prineville entirely opted out. These localization sought to integrate psilocybin services in a way that respects individual community values and priorities.
The OPS program is funded through a combination of annual license fees and a 15% tax on psilocybin product sales. These revenues are crucial for covering the operational costs of the program, aiming for the program to maintain its regulatory and oversight functions without requiring additional state funding.
OPS began accepting license applications on January 2, 2023 and the very first Facilitator license was granted to Jeanette Small, owner, operator and sole facilitator at Lucid Cradle in May. By the summer of 2023, the first psilocybin Service Centers, Manufacturers and Testing Laboratories received their license, allowing, for the first time in history. the legal administration of psilocybin services.
Consumers interested in taking advantage of of these legal services should confirm the license status of providers on the OPS website to ensure their license status compliance and legitimacy.
Psilocybin Licensing and License Types
Manufacturer License
The Manufacturer License permits the cultivation, harvesting, and processing of psilocybin products. License holders are required to adhere to stringent security measures, including controlled access to cultivation and processing facilities, surveillance systems, and comprehensive record-keeping.
Only Psilocybe cubensis, a well-known species of psilocybin-containing mushrooms, are authorized for cultivation, reflecting a deliberate focus on the traditional and natural origins. Synthetic psilocybin, being developed by the pharmaceutical industry, is not allowed. Manufacturers may create chocolates, gummies, teas and other edibles containing this psilocybin in designated kitchens.
Manufacturers must also adhere to strict packaging, labeling, and transportation regulations to ensure products maintain their integrity and safety from the point of cultivation to the point of service.
Service Center License
The Service Center License authorizes the facilities where psilocybin is administered. These service centers must comply with strict location, facility, security, and operational standards designed to ensure client safety and the overall integrity of the program and the client’s psilocybin experience.
They must be located in specific zoning areas to minimize potential conflicts with residential communities and sensitive locations such as schools. They must control and limit access to the premises, install surveillance systems (except in the Administration area), emergency protocols, and have an onsite representative to manage the secure storage of psilocybin and conduct the product sale itself.
These standards and other requirements ensure that Service Centers operate in a manner that prioritizes client safety and well-being.
Facilitator License
A Facilitator License is mandatory for individuals who guide clients through psilocybin sessions. While there is no minimum formal educational requirement, they must complete an accredited training program, complete a psilocybin practicum as a client, and pass a certification exam.
They are expected to adhere to strict ethical guidelines including providing non-directive support, maintaining client confidentiality, ensuring informed consent, and respecting the autonomy and dignity of each client. They are required to be present and attentive during the entire experience, providing reassurance as requested, and being prepared to respond to any challenges that may arise.
Testing Laboratory License
Testing Laboratory Licenses authorize essential testing on psilocybin products, ensuring they meet safety and quality standards. These labs are responsible for testing products for potency and screening for contaminants such as heavy metals, pesticides, and microbial impurities, crucial work for protecting public health.
Laboratories must meet stringent third-party accreditation standards that ensure the lab's processes, equipment, and personnel meet the required scientific and operational standards, ensuring that only qualified labs with the capability to deliver accurate and reliable results are permitted.
Operational protocols cover every aspect of the testing process, from sample collection and handling to the analysis and reporting of results. Labs are required to maintain detailed records of their testing procedures and outcomes to ensure the consistency and accuracy of their results.
Psilocybin Potency Testing and Maximum Dosage
Psilocybin potency testing involves analyzing specific analyte values per milligram to ensure consistency and safety of the products. As a result, psilocybin products in this model are priced per milligram of analyte. The maximum dosage is limited to 50 mg of laboratory-tested psilocybin analyte per session. Depending on the varietal of mushroom, such as Penis Envy, Shakti or Mazapatec, this dosage can correspond to a range of 3.5 grams to over 10 grams of dried psilocybin-containing mushrooms.
Service Centers licensed under the OPS program may offer clients various options for both the varietals of mushrooms and the methods of ingestion. Psilocybin can be consumed in several forms, including whole fruit bodies, ground into vegan capsules, or prepared in more palatable forms like chocolate or gummies. Clients may eat or drink something alongside their psilocybin products and are given up to one hour to consume the entire purchased dose. This flexibility is intended to allow clients, Facilitators and Service Centers to incorporate their own protocols to modulate the experience.
Regulatory Oversight
Oregon Psilocybin Services conducts annual and as needed inspections of all licensed facilities to ensure strict compliance with regulations. This includes inspection of records, facilities, security, operational standards and product handling. Accurate records are the cornerstone for ensuring traceability and accountability throughout the supply chain. Facilitators engage in ongoing training, education and annual recertification of their license. This is necessary to keep them informed about best practices, emerging research, and any changes in regulations, so that they maintain compliance.
A robust tracking system is in place to monitor psilocybin products from production through to consumption. This system provides transparency and accountability and enables OPS to track each product's journey from spore to consumer. The secure supply chain is essential not only for maintaining product integrity and client safety but also for preventing the diversion of psilocybin products into unauthorized channels or unauthorized products being consumed.
Client Protections, Screening and Consent
Client safety and well-being are central the OPS framework. Strict rules and guidelines to ensure that clients are fully informed and protected throughout their psilocybin experience. This begins with a thorough client screening process to assess an individual's suitability and identify any potential medical, psychological, or situational factors that could impact the safety or the effectiveness. Clients taking lithium, for example, are not permitted to use these services.
Informed consent is a critical to clients are fully aware of what to expect during their psilocybin session, including potential risks, benefits, and the nature of the experience itself. The client must complete the state-provided paperwork, documenting their health history, consent, and understanding of the process. The preparation will also include a mutually agreed upon transportation plan and a review of the emergency procedures should anything unexpected happen.
Privacy and Confidentiality
OPS requires that client confidentiality is strictly maintained, with all personal and session-related information securely stored and accessible only to authorized personnel. Privacy considerations include data protection measures and compliance with all relevant privacy laws.
At Lucid Cradle and Stable Pathways Group, we take client confidentiality even more seriously. Given the current legal status of psilocybin and the stigmas that may still exist around its use, we maintain all client records on physical paper, securely locked under key. While the stringent privacy and confidentiality laws, such as HIPAA, do not directly apply to these services, we operate with the same level of care and protection as if they did.
Additionally, we do not ask for or recommend leaving public reviews, as doing so could compromise your confidentiality and potentially have unforeseen negative consequences in your life. Our utmost priority is to protect your privacy and ensure a safe and supportive environment for your psilocybin experience.
Reporting Requirements
While confidentiality is paramount, OPS and Oregon Senate Bill 303 do ask for detailed reporting on the usage and outcomes of psilocybin therapy sessions. This includes client demographics, adverse reactions, and therapeutic outcomes, all of which are crucial for monitoring the efficacy and safety of this treatment. These reports are submitted to the Oregon Health Authority (OHA) and contribute to the growing body of research on psilocybin therapy, helping to inform future policy decisions.
To protect client privacy, the state seeks only de-identified data—meaning that personally identifiable information (PII) is removed or obscured before the data is reported. However, clients have the option to opt out of certain or all state-required reporting if they wish, allowing clients to maintain even greater control.
In Summary
The momentum generated by Oregon's legislation has rippled across the globe. Colorado is in the process of developing its own psilocybin framework as is the country of Australia. Meanwhile, federal efforts in the United States, such as the inclusion of psilocybin in the Breakthrough Therapies Act, seek to expand research and access.
Oregon's comprehensive regulatory framework serves as a potential model for future initiatives. The Oregon Psilocybin Services program represents a best first effort. Through comprehensive licensing, regulatory oversight, and a strong focus on client safety, OPS aims to create a controlled environment that benefits both public health and contribute to the emerging field of psilocybin therapy.
Stable Pathways Group offers access to the highest quality services at Lucid Cradle. Book with us today.
