reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.390 - Authority to require segregation of premises.

If a licensee holds more than one license issued under ORS 475A.210 to 475A.722 for the same premises, the Oregon Health Authority may require the premises to be segregated into separate areas for conducting the activities permitted under each license as is necessary to protect the public health and safety. [2021 c.1 §43]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.395 - Authority to require general liability insurance.

As is necessary to protect the public health and safety, the Oregon Health Authority may require a licensee to maintain general liability insurance in an amount that the authority determines is reasonably affordable and available for the purpose of protecting the licensee against damages resulting from a cause of action related to activities undertaken pursuant to the license held by the licensee. [2021 c.1 §44]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.400 - Use of tracking system for psilocybin products; distribution of moneys.

(1) The Oregon Health Authority shall:
(a) Develop and maintain a system for tracking the transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722; or
(b) Enter into an agreement with the Oregon Liquor and Cannabis Commission under which the commission shall permit the authority to use the system developed and maintained under ORS 475C.177 to track the transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722.
(2) The purposes of the system include, but are not limited to:
(a) Preventing the diversion of psilocybin products to other states;
(b) Preventing persons from substituting or tampering with psilocybin products;
(c) Ensuring an accurate accounting of the production, processing and sale of psilocybin products;
(d) Ensuring that laboratory testing results are accurately reported; and
(e) Ensuring compliance with ORS 475A.210 to 475A.722, rules adopted under ORS 475A.210 to 475A.722 and any other law of this state that charges the authority or commission with a duty, function or power related to psilocybin.
(3) The system must be capable of tracking, at a minimum:
(a) The manufacturing of psilocybin products;
(b) The sale of psilocybin products by a psilocybin service center operator to a client;
(c) The sale and purchase of psilocybin products between licensees, as permitted by ORS 475A.210 to 475A.722;
(d) The transfer of psilocybin products between premises for which licenses have been issued under ORS 475A.210 to 475A.722; and
(e) Any other information that the authority determines is reasonably necessary to accomplish the duties, functions and powers of the authority under ORS 475A.210 to 475A.722.
(4) Notwithstanding ORS 475A.710, before making any other distribution from the Oregon Psilocybin Account established under ORS 475A.710, the Department of Revenue shall first distribute moneys quarterly from the account to the commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475C.297 for purposes of paying any costs incurred by the commission under subsection (1)(b) of this section. For purposes of estimating the amount of moneys necessary to pay any costs incurred under this section, the commission shall establish a formulary based on expected costs for each licensee that is tracked under this section. The commission shall provide to the Department of Revenue and the Legislative Fiscal Officer before each quarter the estimated amount of moneys necessary to pay costs expected to be incurred under this section and the formulary. [2021 c.1 §45]
Note:
As originally enacted by the people, the leadline to ORS 475A.400 read "Use of Oregon Liquor Control Commission tracking system for psilocybin products; exemptions; rules." The leadline was changed by editorial action.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.405 - Authority to prevent diversion of psilocybin products.

Except as otherwise provided by law, the Oregon Health Authority has any power, and may perform any function, necessary for the authority to prevent the diversion of psilocybin products from licensees to a source that is not operating legally under the laws of this state. [2021 c.1 §46]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.410 - Authority to discipline for unregulated commerce.

In addition to any other disciplinary action available to the Oregon Health Authority under ORS 475A.210 to 475A.722, the authority may immediately restrict, suspend or refuse to renew a license issued under ORS 475A.210 to 475A.722 if circumstances create probable cause for the authority to conclude that a licensee has purchased or received a psilocybin product from an unlicensed source or that a licensee has sold, stored or transferred a psilocybin product in a manner that is not permitted by the licensee’s license. [2021 c.1 §47]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.415 - Authority to require financial disclosure from licensee.

(1) The Oregon Health Authority may require a licensee or applicant for a license under ORS 475A.210 to 475A.722 to submit, in a form and manner prescribed by the authority, to the authority a sworn statement showing:
(a) The name and address of each person that has a financial interest in the business operating or to be operated under the license; and
(b) The nature and extent of the financial interest of each person that has a financial interest in the business operating or to be operated under the license.
(2) The authority may refuse to issue, or may suspend, revoke or refuse to renew, a license issued under ORS 475A.210 to 475A.722 if the authority determines that a person that has a financial interest in the business operating or to be operated under the license committed or failed to commit an act that would constitute grounds for the authority to refuse to issue, or to suspend, revoke or refuse to renew, the license if the person were the licensee or applicant for the license. [2021 c.1 §48]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.420 - Authority to investigate, discipline licensees.

(1) Notwithstanding the lapse, suspension or revocation of a license issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may:
(a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the license; or
(b) Revise or render void an order suspending or revoking the license.
(2) In cases involving the proposed denial of a license issued under ORS 475A.210 to 475A.722, the applicant for licensure may not withdraw the applicant’s application. [2021 c.1 §49]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.425 - Authority to investigate, discipline permit holder.

(1) Notwithstanding the lapse, suspension or revocation of a permit issued under ORS 475A.483, the Oregon Health Authority may:
(a) Proceed with any investigation of, or any action or disciplinary proceeding against, the person who held the permit; or
(b) Revise or render void an order suspending or revoking the permit.
(2) In cases involving the proposed denial of a permit issued under ORS 475A.483, the applicant may not withdraw the applicant’s application. [2021 c.1 §50]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.430 - Prohibition against manufacturing psilocybin products outdoors.

A psilocybin product manufacturer that holds a license under ORS 475A.290 may not manufacture psilocybin products outdoors. [2021 c.1 §52]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.435 - Restrictions on delivery or receipt; waiver by authority.

(1) A psilocybin product manufacturer that holds a license under ORS 475A.290:
(a) May deliver psilocybin products only to or on a premises for which a license has been issued under ORS 475A.290 or 475A.305; and
(b) May receive psilocybin products only from a psilocybin product manufacturer that holds a license under ORS 475A.290.
(2) A psilocybin service center operator that holds a license under ORS 475A.305:
(a) May deliver psilocybin products only to or on a premises for which a license has been issued under ORS 475A.305; and
(b) May receive psilocybin products only from a psilocybin product manufacturer that holds a license under ORS 475A.290 or a psilocybin service center operator that holds a license under ORS 475A.305.
(3) The sale of psilocybin products to a client by a psilocybin service center operator that holds a license issued under ORS 475A.305 must be restricted to the premises for which the license has been issued.
(4) The Oregon Health Authority may by order waive the requirements of subsections (1) and (2) of this section to ensure compliance with ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722. An order issued under this subsection does not constitute a waiver of any other requirement of ORS 475A.210 to 475A.722 or any other rule adopted under ORS 475A.210 to 475A.722. [2021 c.1 §53]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.440 - Prohibition against selling or delivering psilocybin products to persons under 21 years of age.

A licensee or licensee representative may not sell or deliver a psilocybin product to a person under 21 years of age. [2021 c.1 §54]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.445 - Identification requirement; rules.

(1) Subject to subsection (2) of this section, a licensee or licensee representative, before selling or providing a psilocybin product to another person, must require the person to produce one of the following pieces of identification:
(a) The person’s passport.
(b) The person’s driver license, issued by the State of Oregon or another state of the United States.
(c) An identification card issued under ORS 807.400.
(d) A United States military identification card.
(e) An identification card issued by a federally recognized Indian tribe.
(f) Any other identification card issued by a state or territory of the United States that bears a picture of the person, the name of the person, the person’s date of birth and a physical description of the person.
(2) The Oregon Health Authority may adopt rules exempting a licensee or licensee representative from this section.
(3) A client may not be required to procure for the purpose of acquiring or purchasing a psilocybin product a piece of identification other than a piece of identification described in subsection (1) of this section. [2021 c.1 §55]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.450 - Confidentiality of client communications, information; exceptions.

A psilocybin service center operator, a psilocybin service facilitator, or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except:
(1) When the client or a person authorized to act on behalf of the client gives consent to the disclosure;
(2) When the client initiates legal action or makes a complaint against the psilocybin service center operator, the psilocybin service facilitator, or the employee;
(3) When the communication reveals the intent to commit a crime harmful to the client or others;
(4) When the communication reveals that a minor may have been a victim of a crime or physical, sexual or emotional abuse or neglect; or
(5) When responding to an inquiry by the Oregon Health Authority made during the course of an investigation into the conduct of the psilocybin service center operator, the psilocybin service facilitator, or the employee under ORS 475A.210 to 475A.722. [2021 c.1 §56]
Note:
The amendments to 475A.450 by section 4, chapter 150, Oregon Laws 2023, become operative January 1, 2025. See section 6, chapter 150, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.
A psilocybin service center operator, a psilocybin service facilitator or any employee of a psilocybin service center operator or psilocybin service facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products to the client, except when:
(1) The client or a person authorized to act on behalf of the client gives consent to the disclosure;
(2) The client initiates legal action or makes a complaint against the psilocybin service center operator, the psilocybin service facilitator or the employee;
(3) The communication reveals the intent to commit a crime harmful to the client or others;
(4) The communication reveals that a minor may have been a victim of a crime or physical, sexual or emotional abuse or neglect;
(5) Responding to an inquiry by the Oregon Health Authority made during the course of an investigation into the conduct of the psilocybin service center operator, the psilocybin service facilitator or the employee under ORS 475A.210 to 475A.722; or
(6) Reporting to the authority the data described in ORS 475A.372.
Note:
As originally enacted by the people, the leadline to ORS 475A.450 read "Confidentiality of information and communications by clients; exceptions." The leadline was changed by editorial action.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.455 - Prohibition against psilocybin service facilitator consuming psilocybin product.

A psilocybin service facilitator may not consume a psilocybin product during an administration session that the psilocybin service facilitator is supervising. [2021 c.1 §58]
Note:
As originally enacted by the people, the leadline to ORS 475A.455 read "Prohibition against psilocybin service facilitator consuming a psilocybin product during an administration session." The leadline was changed by editorial action.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.460 - Prohibition against employing persons under 21 years of age.

(1) A licensee may not employ a person under 21 years of age at a premises for which a license has been issued under ORS 475A.210 to 475A.722.
(2) During an inspection of a premises for which a license has been issued under ORS 475A.210 to 475A.722, the Oregon Health Authority may require proof that a person performing work at the premises is 21 years of age or older. If the person does not provide the authority with acceptable proof of age upon request, the authority may require the person to immediately cease any activity and leave the premises until the authority receives acceptable proof of age. This subsection does not apply to a person temporarily at the premises to make a service, maintenance or repair call or for other purposes independent of the premises operations.
(3) If a person performing work has not provided proof of age requested by the authority under subsection (2) of this section, the authority may request that the licensee provide proof that the person is 21 years of age or older. Failure of the licensee to respond to a request made under this subsection by providing acceptable proof of age for a person is prima facie evidence that the licensee has allowed the person to perform work at the premises for which a license has been issued under ORS 475A.210 to 475A.722 in violation of the minimum age requirement. [2021 c.1 §59]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.465 - Prohibition against obfuscating mark or label or using mark or label to deceive.

(1) A licensee may not use or allow the use of a mark or label on the container of a psilocybin product that is kept for sale if the mark or label does not precisely and clearly indicate the nature of the container’s contents or if the mark or label in any way might deceive a person about the nature, composition, quantity, age or quality of the container’s contents.
(2) The Oregon Health Authority may prohibit a licensee from selling any psilocybin product that in the authority’s judgment is deceptively labeled or contains injurious or adulterated ingredients. [2021 c.1 §60]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.468 - Requirement that psilocybin products comply with minimum standards.

(1) A psilocybin product may not be sold or offered for sale within this state unless the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state.
(2) The Oregon Health Authority may prohibit the sale of a psilocybin product by a psilocybin service center operator for a reasonable period of time for the purpose of determining whether the psilocybin product complies with the minimum standards prescribed by the statutory laws of this state. [2021 c.1 §61]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.471 - Other prohibitions.

(1) A person may not make false representations or statements to the Oregon Health Authority in order to induce or prevent action by the authority.
(2) A licensee may not maintain a noisy, lewd, disorderly or insanitary establishment or supply impure or otherwise deleterious psilocybin products.
(3) A licensee may not misrepresent to a person or to the public any psilocybin products. [2021 c.1 §62]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.474 - Purpose of license issued under ORS 475A.210 to 475A.722.

A license issued under ORS 475A.210 to 475A.722 serves the purpose of exempting the person that holds the license from the criminal laws of this state for possession, delivery or manufacture of psilocybin products, provided that the person complies with all state laws and rules applicable to licensees. [2021 c.1 §63]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.477 - Grounds for revocation, suspension or restriction of license.

The Oregon Health Authority may revoke, suspend or restrict a license issued under ORS 475A.210 to 475A.722 or require a licensee or licensee representative to undergo training if the authority finds or has reasonable ground to believe any of the following to be true:
(1) That the licensee or licensee representative:
(a) Has violated a provision of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722, including any code of professional conduct or code of ethics.
(b) Has made any false representation or statement to the authority in order to induce or prevent action by the authority.
(c) Is insolvent or incompetent or physically unable to carry on the management of the establishment of the licensee.
(d) Is in the habit of using alcoholic liquor, habit-forming drugs, marijuana, psilocybin products or controlled substances to excess.
(e) Has misrepresented to a person or the public any psilocybin products sold by the licensee or licensee representative.
(f) Since the issuance of the license, has been convicted of a felony, of violating any of the psilocybin products laws of this state, general or local, or of any misdemeanor or violation of any municipal ordinance committed on the premises for which the license has been issued.
(2) That there is any other reason that, in the opinion of the authority, based on public convenience or necessity, warrants revoking, suspending or restricting the license. [2021 c.1 §64]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.480 - Permit required to perform work for or on behalf of licensee.

(1) An individual who performs work for or on behalf of a licensee must have a valid permit issued by the Oregon Health Authority under ORS 475A.483 if the individual participates in:
(a) The provision of psilocybin services at the premises for which the license has been issued;
(b) The possession, manufacturing, securing or selling of psilocybin products at the premises for which the license has been issued;
(c) The recording of the possession, manufacturing, securing or selling of psilocybin products at the premises for which the license has been issued; or
(d) The verification of any document described in ORS 475A.445.
(2) A licensee must verify that an individual has a valid permit issued under ORS 475A.483 before allowing the individual to perform any work described in subsection (1) of this section at the premises for which the license has been issued. [2021 c.1 §65]
Note:
As originally enacted by the people, the leadline to ORS 475A.480 read "Permit required to perform work for or on behalf of a licensee." The leadline was changed by editorial action.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.483 - Issuing, renewing permits; fees; rules.

(1) The Oregon Health Authority shall issue permits to qualified applicants to perform work described in ORS 475A.480. The authority shall adopt rules establishing:
(a) The qualifications for performing work described in ORS 475A.480;
(b) The term of a permit issued under this section;
(c) Procedures for applying for and renewing a permit issued under this section; and
(d) Reasonable application, issuance and renewal fees for a permit issued under this section.
(2)(a) The authority may require an individual applying for a permit under this section to successfully complete a course, made available by or through the authority, through which the individual receives training on:
(A) Checking identification;
(B) Detecting intoxication;
(C) Handling psilocybin products;
(D) If applicable, the manufacturing of psilocybin products;
(E) The content of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722; or
(F) Any matter deemed necessary by the authority to protect the public health and safety.
(b) The authority or other provider of a course may charge a reasonable fee for the course.
(c) The authority may not require an individual to successfully complete a course more than once, except that:
(A) As part of a final order suspending a permit issued under this section, the authority may require a permit holder to successfully complete the course as a condition of lifting the suspension; and
(B) As part of a final order revoking a permit issued under this section, the authority shall require an individual to successfully complete the course prior to applying for a new permit.
(3) The authority shall conduct a criminal records check under ORS 181A.195 on an individual applying for a permit under this section.
(4) Subject to the applicable provisions of ORS chapter 183, the authority may suspend, revoke or refuse to issue or renew a permit if the individual who is applying for or who holds the permit:
(a) Is convicted of a felony or is convicted of an offense under ORS 475A.210 to 475A.722, except that the authority may not consider a conviction for an offense under ORS 475A.210 to 475A.722 if the date of the conviction is two or more years before the date of the application or renewal;
(b) Violates any provision of ORS 475A.210 to 475A.722 or any rule adopted under ORS 475A.210 to 475A.722; or
(c) Makes a false statement to the authority.
(5) A permit issued under this section is a personal privilege and permits work described under ORS 475A.480 only for the individual who holds the permit. [2021 c.1 §66]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.486 - Authority to require fingerprints of individuals listed on application.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Health Authority may require the fingerprints of any individual listed on an application submitted under ORS 475A.483. [2021 c.1 §67]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.489 - Whistleblower protection for employees.

(1) It is an unlawful employment practice for a licensee to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the licensee with regard to promotion, compensation or other terms, conditions or privileges of employment on the basis that the employee has in good faith reported information to the Oregon Health Authority that the employee believes is evidence of a violation of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722.
(2) This section is subject to enforcement under ORS chapter 659A. [2021 c.1 §68]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.492 - Psilocybin Control and Regulation Fund.

The Psilocybin Control and Regulation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Psilocybin Control and Regulation Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Health Authority to administer and enforce ORS 475A.210 to 475A.722. [2021 c.1 §69]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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 person’s 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 person’s 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 person’s having sought medical assistance in proceedings for crimes or offenses other than a violation of this section. [2021 c.1 §70]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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 person’s 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §72]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §74]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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 475A.722 and apprehending offenders. A law enforcement officer who has notice, knowledge or reasonable ground of suspicion of a violation of ORS 475A.210 to 475A.722 shall immediately notify the district attorney who has jurisdiction over the violation and furnish the district attorney who has jurisdiction over the violation with names and addresses of any witnesses to the violation or other information related to the violation. [2021 c.1 §76]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §77]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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 475A.210 to 475A.722. Amendments and ordinances that are inconsistent with the provisions of ORS 475A.210 to 475A.722 are repealed. [2021 c.1 §79]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §80]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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 public’s 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. [2021 c.1 §81]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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 475A.305; or
(c) Any combination of the entities described in this subsection.
(2) If the governing body of a city or county repeals an ordinance under this section, the governing body must provide the text of the ordinance to the Oregon Health Authority, in a form and manner prescribed by the authority, if the ordinance concerns a premises for which a license has been issued under ORS 475A.210 to 475A.722. [2021 c.1 §83]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §84]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §85]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §87]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §88; 2023 c.555 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §89]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §91]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §92]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §93]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 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. [2021 c.1 §94]