justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.495. Prohibition against person under 21 years of age entering premises; penalty. (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 years of age. (2) A person who violates subsection (1) of this section commits a Class B violation. (3) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of the authority or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of psilocybin products to persons who are under 21 years of age. (4) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of psilocybin products to persons who are under 21 years of age. (5)(a) A person under 21 years of age is not in violation of, and is immune from prosecution under, this section if: (A) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance because that person consumed a psilocybin product and the evidence of the violation was obtained as a result of the persons having contacted emergency medical services or a law enforcement agency; or (B) The person was in need of medical assistance because the person consumed a psilocybin product and the evidence of the violation was obtained as a result of the persons having sought or obtained the medical assistance. (b) Paragraph (a) of this subsection does not exclude the use of evidence obtained as a result of a persons having sought medical assistance in proceedings for crimes or offenses other than a violation of this section.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.498. Use of psilocybin product allowed only at service center and only under facilitator supervision. 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 [2021 c.1 57] Note: As originally enacted by the people, the leadline to ORS 475A.498 read Prohibition against purchasing, possessing, and consuming a psilocybin product outside a psilocybin service center. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.501. Prohibition against producing identification that falsely indicates age; protections for reliance on identification. (1) A person may not produce any piece of identification that falsely indicates the persons 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 licensee representative for sale or service of a psilocybin product to a person under 21 years of age, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a person under 21 years of age unless it is demonstrated that a reasonable person would have determined that the identification exhibited by the person under 21 years of age was altered, or that the identification exhibited by the person under 21 years of age did not accurately describe the person to whom the psilocybin product was sold or served. [2021 c.1 71] Note: As originally enacted by the people, the leadline to ORS 475A.501 read Prohibition against producing identification that falsely indicates age; protections on reliance on identification. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.504. Prohibition regarding person who is visibly intoxicated; penalty. (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.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.507. Prohibition against giving psilocybin product as prize; penalty. (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)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.510. Authority to issue subpoenas. 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.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.513. Civil penalty for violating ORS 475A.210 to 475A.722. 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 authority shall impose civil penalties under this section in the manner provided by ORS 183.745. Moneys collected under this section shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492. [2021 c.1 75] (Criminal Enforcement of ORS 475A.210 to 475A.722)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.516. Authority of law enforcement to enforce ORS 475A.210 to 475A.722. 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
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.519. Duty to notify Oregon Health Authority of conviction of licensee. 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 is the possession, delivery or manufacture of a psilocybin product, shall notify the Oregon Health Authority of the conviction.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.521. Penalty for violation of rule adopted under ORS 475A.235. 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 by editorial action. (Regulation by Cities and Counties of Psilocybin Products)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.524. Preemption of municipal charter amendments and local ordinances. 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
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.527. No local licenses. 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.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.530. Local time, place and manner regulations. (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 which a psilocybin service center operator that holds a license issued under ORS 475A.305 may provide psilocybin services; (c) Reasonable limitations on the hours during which a premises for which a license has been issued under ORS 475A.210 to 475A.722 may operate; (d) Reasonable requirements related to the publics access to a premises for which a license has been issued under ORS 475A.210 to 475A.722; and (e) Reasonable limitations on where a premises for which a license may be issued under ORS 475A.210 to 475A.722 may be located. (2) Notwithstanding ORS 30.935, 215.253 (1) or 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license has been issued under ORS 475A.210 to 475A.722 if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not adopt an ordinance that prohibits a premises for which a license has been issued under ORS 475A.305 from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under ORS 475A.305.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.534. No local tax or fee. (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 not adopt or enact ordinances imposing 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. [2021 c.1 82] Note: As originally enacted by the people, the leadline to ORS 475A.534 read Local tax or fee; referral to electors for approval. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.538. Repeal of city, county ordinance that prohibits certain establishments. (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 product manufacturers that hold a license issued under ORS 475A.290; (b) Psilocybin service center operators that hold a license issued under ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.542. Duty of Oregon Liquor and Cannabis Commission to assist. 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.210 to 475A.722.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.546. Duty of State Department of Agriculture to assist. 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.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.550. Authority of State Department of Agriculture. The State Department of Agriculture may possess, test and dispose of psilocybin products.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.554. Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law. (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 is prohibited by federal law. (2) The authority may not revoke or refuse to issue or renew a license or permit under ORS 475A.210 to 475A.722 on the basis that manufacturing, distributing, dispensing, possessing or using psilocybin products is prohibited by federal law.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.558. Immunity for state agencies, officers and employees in performance of duties. 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, department or commissions, for performing or omitting to perform any duty, function or power of the authority, department or commissions set forth in ORS 475A.210 to 475A.722 or in any other law of this state requiring the authority, department or commissions to perform a duty, function or power related to psilocybin products.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.562. Authority to purchase, possess, seize or dispose of psilocybin products. 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 the statutory laws of this state to perform a duty, function or power with respect to a psilocybin product, may purchase, possess, seize or dispose of the psilocybin product as the state officer, board, commission, corporation, institution, department or other state body, or the local officer, board, commission, institution, department or other local government body, considers necessary to ensure compliance with and enforce the applicable statutory law or any rule adopted under the applicable statutory law.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.566. Authority of Governor to suspend license or permit without notice. 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 involved, any license or permit issued under ORS 475A.210 to 475A.722. [2021 c.1 90] (Other Provisions)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.570. Psilocybin-producing fungi as crop; exceptions to permitted uses. (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 agricultural activity for purposes of ORS 568.909. (2) Notwithstanding ORS chapters 195, 196, 197, 197A, 215 and 227, the following are not permitted uses on land designated for exclusive farm use: (a) A new dwelling used in conjunction with a psilocybin-producing fungi crop; (b) A farm stand, as described in ORS 215.213 (1)(r) or 215.283 (1)(o), used in conjunction with a psilocybin-producing fungi crop; and (c) Subject to subsection (3) of this section, a commercial activity, as described in ORS 215.213 (2)(c) or 215.283 (2)(a), carried on in conjunction with a psilocybin-producing fungi crop. (3) The operation of a psilocybin service center may be carried on in conjunction with a psilocybin-producing fungi crop. (4) A county may allow the manufacture of psilocybin products as a farm use on land zoned for farm or forest use in the same manner as the manufacture of psilocybin products is allowed in exclusive farm use zones under this section and ORS 215.213, 215.283 and 475C.053. (5) This section applies to psilocybin product manufacturers that hold a license under ORS 475A.290.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.574. Regulation of psilocybin products as food or other commodity subject to regulation by State Department of Agriculture. (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 authority over psilocybin products or a licensee, except that ORS 618.121 to 618.161, 618.991, 618.995, 633.311 to 633.479, 633.992 and 633.994 apply to psilocybin products or to a licensee. (2) In exercising its authority under ORS chapter 616, the department may not: (a) Establish standards for psilocybin products as a food additive, as defined in ORS 616.205; (b) Consider psilocybin products to be an adulterant, unless the concentration of a psilocybin product exceeds acceptable levels established by the Oregon Health Authority by rule; or (c) Apply ORS 616.256, 616.265, 616.270 or 616.275 to psilocybin products or enforce ORS 616.256, 616.265, 616.270 or 616.275 with respect to psilocybin products.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.578. Enforceability of contracts. A contract is not unenforceable on the basis that manufacturing, distributing, dispensing, possessing or using psilocybin products is prohibited by federal law.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.582. Oregon Health Authority hotline for verification of license. 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 licensure has been submitted under ORS 475A.245: (1) A person designated by a city or a county; (2) A person designated by the Water Resources Department; and (3) A person designated by the watermaster of any water district.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.586. Certain information related to licensure exempt from disclosure. (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 for which an applicant has proposed licensure under ORS 475A.290, 475A.305 or 475A.594; (c) Related to the security plan or the operational plan for a premises for which a license has been issued or for which an applicant has proposed licensure under ORS 475A.290, 475A.305 or 475A.594; or (d) Related to any record that the Oregon Health Authority determines contains proprietary information of a licensee. (2) The exemption from public disclosure as provided by this section does not apply to: (a) The name of an individual listed on an application, if the individual is a direct owner of the business operating or to be operated under the license; or (b) A request for information if the request is made by a law enforcement agency. (3) For purposes of subsection (2)(a) of this section, an individual is not a direct owner of the business operating or to be operated under the license if: (a) The direct owner of the business operating or to be operated under the license is a legal entity; and (b) The individual is merely a general partner, limited partner, member, shareholder, or other direct or indirect owner of the legal entity. [2021 c.1 95] TESTING OF PSILOCYBIN PRODUCTS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.590. Testing standards and processes; rules. (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) Identifying appropriate tests for psilocybin products, depending on the type of psilocybin product and the manner in which the psilocybin product was manufactured, that are necessary to protect the public health and safety, which may include, but not be limited to, tests for: (A) Microbiological contaminants; (B) Pesticides; (C) Other contaminants; (D) Solvents or residual solvents; and (E) Psilocybin concentration. (c) Establishing procedures for determining batch sizes and for sampling psilocybin products. (d) Establishing different minimum standards for different varieties of psilocybin products. (2) In addition to the testing requirements established under subsection (1) of this section, the authority may require psilocybin products to be tested in accordance with any applicable law of this state, or any applicable rule adopted under a law of this state, related to the production and processing of food products or commodities. (3) In adopting rules under ORS 475A.210 to 475A.722, the authority may require a psilocybin product manufacturer that holds a license under ORS 475A.290 to test psilocybin products before selling or transferring the psilocybin products. (4) The authority may conduct random testing of psilocybin products for the purpose of determining whether a licensee subject to testing under subsection (3) of this section is in compliance with this section. (5) In adopting rules to implement this section, the authority may not require a psilocybin product to undergo the same test more than once unless the psilocybin product is processed into a different type of psilocybin product or the condition of the psilocybin product has fundamentally changed. (6) The testing of psilocybin products as required by this section must be conducted by a laboratory licensed by the authority under ORS 475A.594 and accredited by the authority under ORS 475A.606. (7) In adopting rules under subsection (1) of this section, the authority: (a) Shall consider the cost of a potential testing procedure and how that cost will affect the cost to the ultimate client; and (b) May not adopt rules that are more restrictive than is reasonably necessary to protect the public health and safety.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.594. Laboratory licensure; qualifications; fees; rules. (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) Qualifications to be licensed under this section, including that an applicant for licensure under this section must be accredited by the authority as described in ORS 475A.606; (b) Processes for applying for and renewing a license under this section; (c) Fees for applying for, receiving and renewing a license under this section; and (d) Procedures for: (A) Tracking psilocybin products to be tested; (B) Documenting and reporting test results; and (C) Disposing of samples of psilocybin products that have been tested. (3) A license issued under this section must be renewed annually. (4) The authority may inspect premises licensed under this section to ensure compliance with ORS 475A.590 to 475A.622 and rules adopted under ORS 475A.590 to 475A.622. (5) Subject to the applicable provisions of ORS chapter 183, the authority may refuse to issue or renew, or may suspend or revoke, a license issued under this section for violation of a provision of ORS 475A.210 to 475A.722 or a rule adopted under a provision of ORS 475A.210 to 475A.722. (6) Fees adopted under subsection (2)(c) of this section must be reasonably calculated to pay the expenses incurred by the authority under ORS 475A.210 to