reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.978 - Methyl sulfonyl methane; transfers; records; rules.

(1) A person who sells or otherwise transfers more than the amount permitted by administrative rule adopted by the Department of State Police of methyl sulfonyl methane to a person other than a physician, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, pharmacist, veterinarian, retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons shall make a record of each such sale or transfer. The record must be made on a form provided by the department, completed pursuant to instructions provided by the department and retained by the person for at least three years. Failure to make and retain a record required under this subsection is a Class A violation.
(2) The department shall adopt a rule establishing the minimum amount of methyl sulfonyl methane the sale or transfer of which requires a report under subsection (1) of this section. In establishing the minimum amount, the department shall determine an amount that is reasonably designed not to infringe upon legitimate uses of methyl sulfonyl methane but that discourages the use of methyl sulfonyl methane in the illicit production and distribution of methamphetamine.
(3) This section applies to the sale or transfer of bulk methyl sulfonyl methane in its powder form only, and does not apply to the sale or transfer of products containing methyl sulfonyl methane in other forms including, but not limited to, liquids, tablets, capsules not containing methyl sulfonyl methane in pure powder form, ointments, creams, cosmetics, foods and beverages. [2001 c.615 §9; 2003 c.448 §4; 2005 c.706 §16; 2014 c.45 §69; 2017 c.356 §79]
Note:
Section 11, chapter 615, Oregon Laws 2001, provides:
Sec. 11.
Until the Department of State Police adopts a rule under section 9 of this 2001 Act [475.978], a person who sells or otherwise transfers two pounds or more of methyl sulfonyl methane shall make the reports required by section 9 of this 2001 Act. [2001 c.615 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.979 - Unlawful possession of lithium metal or sodium metal.

(1) Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of lithium metal or sodium metal if the person knowingly possesses lithium metal or sodium metal.
(2) Subsection (1) of this section does not apply to:
(a) A person who is conducting a lawful manufacturing operation that involves the use of lithium metal or sodium metal;
(b) A person who possesses lithium metal or sodium metal in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:
(A) Regularly established public or private secondary school; or
(B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
(c) A retail distributor, wholesaler, manufacturer, warehouseman or common carrier, or an agent of any of these persons, who possesses lithium metal or sodium metal in the regular course of lawful business activities; or
(d) A person who possesses lithium metal or sodium metal as a component of a commercially produced product including, but not limited to, rechargeable batteries.
(3) Unlawful possession of lithium metal or sodium metal is a Class A misdemeanor. [2005 c.706 §9]
Note:
475.979 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.980 - Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1).

It is an affirmative defense to a charge of violating ORS 475.969, 475.971, 475.975 (1) or 475.976 (1) that the person possessed the precursor substance for a lawful purpose. [2001 c.615 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.992

[1977 c.745 §15; 1979 c.777 §55; 1989 c.1075 §3; 1991 c.329 §1; 1991 c.460 §§4,20; 1991 c.818 §5; 1995 c.440 §35; 2005 c.708 §39; renumbered 475.840 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.994

[1977 c.745 §17; 1993 c.571 §25; 1995 c.440 §37; renumbered 475.916 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.995

[1977 c.745 §20; 1979 c.777 §56; 1995 c.440 §38; 2005 c.708 §40; renumbered 475.906 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.996

[1991 c.690 §§1,2,3,3a; 2001 c.804 §2; 2001 c.870 §9; 2003 c.695 §3; 2005 c.708 §7; renumbered 475.900 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.998

[Subsections (1) and (2) of 2001 Edition enacted as 2001 c.510 §3; subsections (3) and (4) of 2001 Edition enacted as 2001 c.804 §1; renumbered 475.902 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.999

[1989 c.806 §2; 1991 c.574 §1; 1993 c.78 §1; 1995 c.343 §49; 1995 c.440 §39; 2005 c.22 §349; 2005 c.708 §41; renumbered 475.904 in 2005]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.200 - Legislative findings.

The People of the State of Oregon find that:
(1) Oregon has one of the highest prevalences of mental illness among adults in the nation;
(2) An estimated one in every five adults in Oregon is coping with a mental health condition;
(3) The Governor has declared addiction as a public health crisis in this state;
(4) The 2019-2021 Governor’s Budget proposes spending over $2.8 billion on mental health and behavioral health programs;
(5) Studies conducted by nationally and internationally recognized medical institutions indicate that psilocybin has shown efficacy, tolerability, and safety in the treatment of a variety of mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress;
(6) The United States Food and Drug Administration has:
(a) Determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression; and
(b) Granted a Breakthrough Therapy designation for a treatment that uses psilocybin as a therapy for such depression;
(7) The Oregon Health Authority has direct supervision of all matters relating to the preservation of life and health of the people of this state;
(8) During a two-year program development period, the authority should:
(a) Examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions; and
(b) Adopt rules and regulations for the eventual implementation of a comprehensive regulatory framework that will allow persons 21 years of age and older in this state to be provided psilocybin services; and
(9) An advisory board should be established within the authority for the purpose of advising and making recommendations to the authority. [2021 c.1 §1]
Note:
As originally enacted by the people, the leadline to ORS 475A.200 read "Findings." 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.205 - Purposes of ORS 475A.200 to 475A.722.

(1) The People of the State of Oregon declare that the purposes of chapter 1, Oregon Laws 2021, are:
(a) To educate the people of this state about the safety and efficacy of psilocybin in treating mental health conditions;
(b) To reduce the prevalence of mental illness among adults in this state, and to improve the physical, mental, and social well-being of all people in this state;
(c) To develop a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible and affordable therapeutic option for all persons 21 years of age and older in this state for whom psilocybin may be appropriate;
(d) To protect the safety, welfare, health and peace of the people of this state by prioritizing this state’s limited law enforcement resources in the most effective, consistent and rational way; and
(e) After a two-year program development period, to:
(A) Permit persons licensed, controlled and regulated by this state to legally manufacture psilocybin products and provide psilocybin services to persons 21 years of age and older, subject to the provisions of chapter 1, Oregon Laws 2021; and
(B) Establish a comprehensive regulatory framework concerning psilocybin products and psilocybin services under state law.
(2) The People of the State of Oregon intend that the provisions of chapter 1, Oregon Laws 2021, together with other provisions of state law, will:
(a) Prevent the distribution of psilocybin products to other persons who are not permitted to possess psilocybin products under the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722, including but not limited to persons under 21 years of age; and
(b) Prevent the diversion of psilocybin products from this state to other states. [2021 c.1 §2]
Note:
As originally enacted by the people, the leadline to ORS 475A.205 read "Purposes of this 2020 Act." The leadline was changed by editorial action.
Note:
Legislative Counsel has substituted "chapter 1, Oregon Laws 2021," for the words "this 2020 Act" in section 2, chapter 1, Oregon Laws 2021, compiled as 475A.205. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2021 Comparative Section Table located in Volume 22 of ORS.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.215 - Construction of ORS 475A.210 to 475A.722.

ORS 475A.210 to 475A.722 may not be construed:
(1) To require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products;
(2) To amend or affect state or federal law pertaining to employment matters;
(3) To amend or affect state or federal law pertaining to landlord-tenant matters;
(4) To prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession or use of psilocybin products to the extent necessary to satisfy federal requirements for the grant;
(5) To prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession or use of psilocybin products to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract;
(6) To require a person to violate a federal law;
(7) To exempt a person from a federal law or obstruct the enforcement of a federal law; or
(8) To amend or affect state law, to the extent that a person does not manufacture, deliver, or possess psilocybin products in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. [2021 c.1 §4]
Note:
As originally enacted by the people, the leadline to ORS 475A.215 read "Construction." 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.240 - Authority to purchase, possess, seize, transfer to licensee or dispose of psilocybin products.

Subject to any applicable provision of ORS chapter 183, the Oregon Health Authority may purchase, possess, seize, transfer to a licensee or dispose of psilocybin products as is necessary for the authority to ensure compliance with and enforce the provisions of ORS 475A.210 to 475A.722 and any rule adopted under ORS 475A.210 to 475A.722. [2021 c.1 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.243 - Powers related to decedents and insolvent or bankrupt persons.

The Oregon Health Authority may, by rule or order, provide for the manner and conditions under which:
(1) Psilocybin products left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed.
(2) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy.
(3) A secured party, as defined in ORS 79.0102, may continue to operate at a premises for which a license has been issued under ORS 475A.210 to 475A.722 for a reasonable period after default on the indebtedness by the debtor. [2021 c.1 §51]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.245 - Application process for all licensees; rules.

(1) Except as provided in subsection (2) of this section, an applicant for a license or renewal of a license issued under ORS 475A.210 to 475A.722 shall apply to the Oregon Health Authority in the form required by the authority by rule, showing the name and address of the applicant, location of the premises that is to be operated under the license and other pertinent information required by the authority. The authority may not issue or renew a license until the applicant has complied with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722.
(2) The authority may reject any application that is not submitted in the form required by the authority by rule. The authority shall give applicants an opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS chapter 183.
(3) Except as provided in subsection (2) of this section, a revocation of, or a refusal to issue or renew, a license issued under ORS 475A.210 to 475A.722 is subject to the requirements for contested case proceedings under ORS chapter 183.
(4) An applicant for a facilitator license or renewal of a facilitator license issued under ORS 475A.325 need not show the location of any premises. [2021 c.1 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.250 - Grounds for refusing to issue license or issuing restricted license.

(1) The Oregon Health Authority may not license an applicant under the provisions of ORS 475A.210 to 475A.722 if the applicant is under 21 years of age.
(2) The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475A.210 to 475A.722 if the authority makes a finding that the applicant:
(a) Has not completed any education or training required by the provisions of ORS 475A.210 to 475A.722 or rules adopted under ORS 475A.210 to 475A.722.
(b) Has not passed any examination required by the provisions of ORS 475A.210 to 475A.722 or rules adopted under ORS 475A.210 to 475A.722.
(c) Is in the habit of using alcoholic beverages, habit-forming drugs, or controlled substances to excess.
(d) Has made false statements to the authority.
(e) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.
(f) Has been convicted of violating a federal law, state law or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license.
(g) Is not of good repute and moral character.
(h) Does not have a good record of compliance with ORS 475A.210 to 475A.722 or any rule adopted under ORS 475A.210 to 475A.722.
(i) Is not the legitimate owner of the premises proposed to be licensed, or has not disclosed that other persons have ownership interests in the premises proposed to be licensed.
(j) Has not demonstrated financial responsibility sufficient to adequately meet the requirements of the premises proposed to be licensed.
(k) Is unable to understand the laws of this state relating to psilocybin products, psilocybin services, or the rules adopted under ORS 475A.210 to 475A.722.
(3) Notwithstanding subsection (2)(f) of this section, in determining whether to issue a license or a restricted license to an applicant, the authority may not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent or other representative of the applicant for:
(a) The manufacture of psilocybin or the manufacture of a marijuana item, as defined in ORS 475C.009, if:
(A) The date of the conviction is two or more years before the date of the application; and
(B) The person has not been convicted more than once for the manufacture of psilocybin or a marijuana item; or
(b) The possession of a controlled substance, as defined in ORS 475.005, or a marijuana item, as defined in ORS 475C.009, if:
(A) The date of the conviction is two or more years before the date of the application; or
(B) The person has not been convicted more than once for the possession of a controlled substance or a marijuana item. [2021 c.1 §15]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.255 - Authority to require fingerprints of applicants and other individuals.

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.245. The powers conferred on the authority under this section include the power to require the fingerprints of:
(1) If the applicant is a limited partnership, each general partner of the limited partnership;
(2) If the applicant is a manager-managed limited liability company, each manager of the limited liability company;
(3) If the applicant is a member-managed limited liability company, each voting member of the limited liability company;
(4) If the applicant is a corporation, each director and officer of the corporation; and
(5) Any individual who holds a financial interest of 10 percent or more in the person applying for the license. [2021 c.1 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.260 - Properties of license.

A license issued under ORS 475A.210 to 475A.722:
(1) Is a personal privilege.
(2) Is renewable in the manner provided in ORS 475A.245, except for a cause that would be grounds for refusal to issue the license under ORS 475A.250.
(3) Is revocable or suspendible as provided in ORS 475A.477.
(4) Except for a license issued to a psilocybin service facilitator under ORS 475A.325, is transferable from the premises for which the license was originally issued to another premises subject to the provisions of ORS 475A.210 to 475A.722, applicable rules adopted under ORS 475A.210 to 475A.722 and applicable local ordinances.
(5) If the license was issued to an individual, expires upon the death of the licensee, except as provided in ORS 475A.243.
(6) Does not constitute property.
(7) Is not alienable.
(8) Is not subject to attachment or execution.
(9) Does not descend by the laws of testate or intestate devolution. [2021 c.1 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.265 - Duties of Oregon Health Authority with respect to issuing licenses.

(1) The Oregon Health Authority shall approve or deny an application to be licensed under ORS 475A.210 to 475A.722. Upon receiving an application under ORS 475A.245, the authority may not unreasonably delay processing, approving or denying the application or, if the application is approved, issuing the license.
(2) The licenses described in ORS 475A.210 to 475A.722 must be issued by the authority, subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722.
(3) The authority may not license a premises that does not have defined boundaries. A premises does not need to be enclosed by a wall, fence or other structure, but the authority may require a premises to be enclosed as a condition of issuing or renewing a license. The authority may not license a mobile premises. [2021 c.1 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.270 - Duty to request land use compatibility statement.

(1) Prior to receiving a license under ORS 475A.290 or 475A.305, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Oregon Health Authority may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone.
(2) Except as provided in subsection (3) of this section, a city or county that receives a request for a land use compatibility statement under this section must act on that request within 21 days of:
(a) Receipt of the request, if the land use is allowable as an outright permitted use; or
(b) Final local permit approval, if the land use is allowable as a conditional use.
(3) A city or county that receives a request for a land use compatibility statement under this section is not required to act on that request during the period that the authority discontinues licensing those premises pursuant to ORS 475A.718 (4).
(4) A city or county action concerning a land use compatibility statement under this section is not a land use decision for purposes of ORS chapter 195, 196, 197, 197A, 215 or 227. [2021 c.1 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.275 - Lawful manufacture, delivery and possession of psilocybin products.

Licensees and licensee representatives may manufacture, deliver and possess psilocybin products subject to the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. The manufacture, delivery or possession of psilocybin products by a licensee or a licensee representative in compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722 does not constitute a criminal or civil offense under the laws of this state. [2021 c.1 §20]
Note:
As originally enacted by the people, the leadline to ORS 475A.275 read "Lawful manufacture, delivery, and possession of psilocybin products." 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.280 - Restriction on financial interests in multiple licensees.

An individual may not have a financial interest in:
(1) More than one psilocybin product manufacturer; or
(2) More than five psilocybin service center operators. [2021 c.1 §21]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.285 - Authority to hold multiple licenses.

Subject to ORS 475A.280:
(1) A person may hold multiple service center operator licenses under ORS 475A.305; and
(2) A person may hold both a manufacturer license under ORS 475A.290 and a service center operator license under ORS 475A.305 at the same or different premises. [2021 c.1 §22]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.290 - Manufacturer license; fees; rules.

(1) The manufacture of psilocybin products is subject to regulation by the Oregon Health Authority.
(2) A psilocybin product manufacturer must have a manufacturer license issued by the authority for the premises at which the psilocybin products are manufactured. To hold a manufacturer license issued under this section, a psilocybin product manufacturer:
(a) Must apply for a license in the manner described in ORS 475A.245;
(b) Must provide proof that the applicant is 21 years of age or older;
(c) Must, until January 1, 2025:
(A) If the direct owner of the business operating or to be operated under the license is a legal entity, provide proof that more than 50 percent of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years;
(B) If the direct owner of the business operating or to be operated under the license is a partnership that is not a legal entity, provide proof that more than 50 percent of the partnership interests of the partnership are held, directly or indirectly, by one or more individuals who have been residents of this state for two or more years; and
(C) If the direct owner of the business operating or to be operated under the license is an individual, provide proof that the individual has been a resident of this state for two or more years; and
(d) Must meet the requirements of any rule adopted by the authority under subsections (3) and (4) of this section.
(3)(a) If the applicant is not the owner of the premises at which the psilocybin is to be manufactured, the applicant shall submit to the authority signed informed consent from the owner of the premises to manufacture psilocybin at the premises.
(b) The authority may adopt rules regarding the informed consent described in this subsection.
(4) The authority shall adopt rules that:
(a) Require a psilocybin product manufacturer to annually renew a license issued under this section;
(b) Establish application, licensure and renewal of licensure fees for psilocybin product manufacturers; and
(c) Require psilocybin products manufactured by psilocybin product manufacturers to be tested in accordance with ORS 475A.590.
(5) Fees adopted under subsection (4)(b) of this section:
(a) May not exceed, together with other fees collected under ORS 475A.210 to 475A.722, the cost of administering ORS 475A.210 to 475A.722; and
(b) Shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492. [2021 c.1 §23]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.295 - Psilocybin product manufacturers; endorsements; rules.

(1) The Oregon Health Authority shall adopt rules that designate different types of manufacturing activities. A psilocybin product manufacturer may only engage in a type of manufacturing activity if the psilocybin product manufacturer has received an endorsement from the authority for that type of manufacturing activity.
(2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure.
(3) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made.
(4) A psilocybin product manufacturer licensee may hold multiple endorsements.
(5) The authority may deny a psilocybin product manufacturer’s request for an endorsement or revoke an existing endorsement if the psilocybin product manufacturer cannot or does not meet the requirements for the endorsement that is requested. If the authority denies or revokes approval the psilocybin product manufacturer has a right to a hearing under the procedures of ORS chapter 183. [2021 c.1 §24]
Note:
As originally enacted by the people, the leadline to ORS 475A.295 read "Psilocybin product manufacturers; endorsements." 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.300 - Psilocybin product quantities; rules.

The Oregon Health Authority shall adopt rules restricting the quantities of psilocybin products at premises for which a license has been issued under ORS 475A.290. In adopting rules under this section, the authority shall take into consideration the demand for psilocybin services in this state, the number of psilocybin product manufacturers applying for a license under ORS 475A.290, the number of psilocybin product manufacturers that hold a license issued under ORS 475A.290 and whether the availability of psilocybin products in this state is commensurate with the demand for psilocybin services. [2021 c.1 §25]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.310 - Proximity of psilocybin service center to school.

Notwithstanding ORS 475A.305 (2)(e), a psilocybin service center may be located within 1,000 feet of a school if:
(1) The psilocybin service center is not located within 500 feet of:
(a) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
(b) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and
(2) The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the psilocybin service center. [2021 c.1 §27]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.315 - Establishment of school after issuance of license.

If a school described in ORS 475A.305 (2)(e) that has not previously been attended by children is established within 1,000 feet of a premises for which a license has been issued under ORS 475A.305, the psilocybin service center operator located at that premises may remain at that location unless the Oregon Health Authority revokes the license of the psilocybin service center operator under ORS 475A.477. [2021 c.1 §28]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.320 - Requirement to verify person’s age; rules.

The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service center operator that holds a license issued under ORS 475A.305 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the psilocybin service center operator does not sell psilocybin products to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person’s age and may not be used for any purpose other than verifying a person’s age. [2021 c.1 §29]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.325 - Psilocybin service facilitator license; fees; rules.

(1) The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority.
(2) A psilocybin service facilitator must have a facilitator license issued by the authority. To hold a facilitator license issued under this section, a psilocybin service facilitator:
(a) Must apply for a license in the manner described in ORS 475A.245;
(b) Must provide proof that the applicant is 21 years of age or older;
(c) Must, until January 1, 2025, provide proof that the applicant has been a resident of this state for two or more years;
(d) Must have a high school diploma or equivalent education;
(e) Must submit evidence of completion of education and training prescribed and approved by the authority;
(f) Must have passed an examination approved, administered or recognized by the authority; and
(g) Must meet the requirements of any rule adopted by the authority under subsection (4) of this section.
(3) The authority may not require a psilocybin service facilitator to have a degree from a university, college, post-secondary institution, or other institution of higher education.
(4) The authority shall adopt rules that:
(a) Require a psilocybin service facilitator to annually renew a license issued under this section;
(b) Establish application, licensure and renewal of licensure fees for psilocybin service facilitators; and
(c) Require a psilocybin service facilitator to meet any public health and safety standards and industry best practices established by the authority by rule.
(5) Fees adopted under subsection (4)(b) of this section:
(a) May not exceed, together with other fees collected under ORS 475A.210 to 475A.722, the cost of administering ORS 475A.210 to 475A.722; and
(b) Shall be deposited in the Psilocybin Control and Regulation Fund established under ORS 475A.492.
(6) A psilocybin service facilitator may be, but need not be, an employee, manager, director, officer, partner, member, shareholder, or direct or indirect owner of one or more psilocybin service center operators.
(7) A license issued to a psilocybin service facilitator under this section is not limited to any one or more premises. [2021 c.1 §30]
Note:
As originally enacted by the people, the leadline to ORS 475A.325 read "Facilitator license; fees; 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.330 - Examination.

The Oregon Health Authority shall offer an examination for applicants for licenses to facilitate psilocybin services at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the authority. [2021 c.1 §31]
Note:
As originally enacted by the people, the leadline to ORS 475A.330 read "Examinations; 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.335 - Requirement to verify person’s age; rules.

The Oregon Health Authority may adopt rules establishing the circumstances under which the authority may require a psilocybin service facilitator that holds a license issued under ORS 475A.325 to use an age verification scanner or any other equipment used to verify a person’s age for the purpose of ensuring that the psilocybin service facilitator does not provide psilocybin services to a person under 21 years of age. Information obtained under this section may not be retained after verifying a person’s age and may not be used for any purpose other than verifying a person’s age. [2021 c.1 §32]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.340 - Psilocybin services; rules.

The Oregon Health Authority shall adopt by rule the requirements, specifications and guidelines for:
(1) Providing psilocybin services to a client;
(2) Holding and verifying the completion of a preparation session;
(3) Having a client complete, sign, and deliver a client information form to a psilocybin service center operator and a psilocybin service facilitator;
(4) Holding and verifying the completion of an administration session; and
(5) Holding and verifying the completion of an integration session. [2021 c.1 §33]
Note:
As originally enacted by the people, the leadline to ORS 475A.340 read "Psilocybin services." 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.345 - Preparation session.

(1) Before a client participates in an administration session, the client must attend a preparation session with a psilocybin service facilitator.
(2) A preparation session may be, but need not be, held at a psilocybin service center.
(3) If a preparation session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the preparation session. [2021 c.1 §34]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.350 - Client information form.

(1) Before a client participates in an administration session:
(a) The client must complete and sign a client information form, in a form and manner prescribed by the Oregon Health Authority; and
(b) A copy of the completed and signed client information form must be delivered to:
(A) The psilocybin service center operator that operates the psilocybin service center at which the administration session is to be held; and
(B) The psilocybin service facilitator that will supervise the administration session.
(2) The client information form:
(a) Will solicit from the client such information as may be necessary:
(A) To enable a psilocybin service center operator and a psilocybin service facilitator to determine whether the client should participate in an administration session, including information that may identify risk factors and contraindications; and
(B) If so, to assist the psilocybin service center operator and the psilocybin service facilitator in meeting any public health and safety standards and industry best practices during the administration session; and
(b) Will contain such health and safety warnings and other disclosures to the client as the authority may prescribe. [2021 c.1 §35]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.355 - Administration session.

(1) After a client completes a preparation session and completes and signs a client information form, the client may participate in an administration session.
(2) An administration session must be held at a psilocybin service center.
(3) If an administration session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the administration session. [2021 c.1 §36]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.360 - Integration session.

(1) After a client completes an administration session, the psilocybin service facilitator who supervised the administration session must offer the client an opportunity to participate in an integration session. The client may, but need not, participate in an integration session.
(2) An integration session may be, but need not be, held at a psilocybin service center.
(3) If an integration session is completed in accordance with all applicable requirements, specifications and guidelines, as determined by the Oregon Health Authority, the psilocybin service facilitator must certify, in a form and manner prescribed by the authority, that the client completed the integration session. [2021 c.1 §37]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.365 - Use of client information form in prosecution; reliance on client information form; exception from liability.

(1) If a client information form 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 client, the licensee or licensee representative is not guilty of any offense prohibiting a person from selling or serving a psilocybin product to a client unless it is demonstrated that a reasonable person would have determined that the responses provided by the client on the client information form were incorrect or altered.
(2) A licensee or licensee representative shall be entitled to rely upon all statements, declarations, and representations made by a client in a client information form unless it is demonstrated that:
(a) A reasonable person would have determined that one or more of the statements, declarations, and representations made by the client in the client information form were incorrect or altered; or
(b) The licensee or licensee representative violated a provision of ORS 475A.210 to 475A.722 or a rule adopted under ORS 475A.210 to 475A.722 relative to the client information form.
(3) Except as provided in subsection (2) of this section, no licensee or licensee representative shall incur legal liability by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the licensee or licensee representative. [2021 c.1 §38]
Note:
As originally enacted by the people, the leadline to ORS 475A.365 read "Protections on reliance on client information form." 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.370 - Right to terminate or refuse to provide services; exception.

(1) Subject to other applicable law, a licensee or licensee representative may refuse to provide psilocybin services to a potential client for any or no reason.
(2)(a) Except as provided in paragraph (b) of this subsection, and subject to other applicable law, a licensee or licensee representative may cease providing psilocybin services to a client for any or no reason.
(b) A psilocybin service center operator and a psilocybin service facilitator may not cease providing psilocybin services to a client during an administration session after the client has consumed a psilocybin product, except as authorized by the Oregon Health Authority by rule, or as necessary in an emergency. [2021 c.1 §39]
Note:
As originally enacted by the people, the leadline to ORS 475A.370 read "Protections on refusal to provide psilocybin services to a client." 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.374 - Oregon Health Authority collection, publication of certain data; rules.

(1) The Oregon Health Authority shall collect and compile data on:
(a) The total number of licenses issued under ORS 475A.290, 475A.305, 475A.325 and 475A.594, compiled by each license type;
(b) The total number of applications submitted for licenses issued under ORS 475A.290, 475A.305, 475A.325 and 475A.594 and the reasons for any denials of licensure;
(c) The race, ethnicity, preferred spoken and written languages, sexual orientation and gender identity of each applicant and each licensee; and
(d) The total number of disciplinary actions taken by the authority against licensees, compiled by license type and action taken.
(2) The authority shall aggregate and annually make publicly available the data described in subsection (1)(a) to (c) of this section.
(3) The authority may adopt rules to carry out this section. [2023 c.150 §3]
Note:
475A.374 becomes operative January 1, 2025. See section 6, chapter 150, Oregon Laws 2023.
Note:
Section 5, chapter 150, Oregon Laws 2023, provides:
Sec. 5.
A psilocybin service center operator and the Oregon Health Authority shall first submit the information and data described in sections 2 [475A.372] and 3 [475A.374] of this 2023 Act not later than the end of the quarter that begins on January 1, 2025. [2023 c.150 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.375 - Powers and duties relating to psilocybin service facilitators.

The Oregon Health Authority shall:
(1) Determine the qualifications, training, education and fitness of applicants for licenses to facilitate psilocybin services, giving particular consideration to:
(a) Facilitation skills that are affirming, nonjudgmental, and nondirective;
(b) Support skills for clients during an administration session, including specialized skills for:
(A) Client safety; and
(B) Clients who may have a mental health condition;
(c) The environment in which psilocybin services should occur; and
(d) Social and cultural considerations;
(2) Formulate a code of professional conduct for psilocybin service facilitators, giving particular consideration to a code of ethics;
(3) Establish standards of practice and professional responsibility for individuals licensed by the authority to facilitate psilocybin services;
(4) Select licensing examinations for licenses to facilitate psilocybin services;
(5) Provide for waivers of examinations as appropriate; and
(6) Appoint representatives to conduct or supervise examinations of applicants for licenses to facilitate psilocybin services. [2021 c.1 §40]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.380 - Minimum standards of education and training for psilocybin service facilitators; rules.

(1) The Oregon Health Authority shall adopt by rule minimum standards of education and training requirements for psilocybin service facilitators.
(2) The authority shall approve courses for psilocybin service facilitators. To obtain approval of a course, the provider of a course must submit an outline of instruction to the authority. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills. [2021 c.1 §41; 2023 c.199 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475A - Psilocybin Regulation › Section 475A.385 - Authority to inspect books and premises; notice.

(1) The Oregon Health Authority may, after 72 hours’ notice, make an examination of the books of a licensee for the purpose of determining compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722.
(2) The authority may at any time make an examination of a premises for which a license has been issued under ORS 475A.210 to 475A.722 for the purpose of determining compliance with ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722.
(3) The authority may not require the books of a licensee to be maintained on a premises of the licensee. [2021 c.1 §42]