PORTLAND, Ore. ( KOIN ) – A group of Oregon healthcare providers filed a federal lawsuit on Monday challenging Oregon’s first-in-the-nation psilocybin law, claiming the law discriminates against homebound patients who cannot travel to psilocybin service centers for treatment.
The lawsuit was filed in the U.S. District Court in Eugene against the Oregon Health Authority, which regulates psilocybin services in the state, as first reported by Marijuana Moment .
The plaintiffs — which includes three licensed psilocybin facilitators and a physician specializing in care for terminally ill and homebound patients — allege the law violates the Americans with Disabilities Act and does not allow reasonable accommodations to treat their homebound patients.
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In 2020, Oregon voters passed Measure 109 , creating the Psilocybin Services Act. The measure legalized psilocybin for therapeutic use for people 21-years-old and older.
Under OHA regulations, psilocybin must be cultivated or produced by a licensed psilocybin manufacturer, tested by a licensed lab, and can only be given to a client at a psilocybin service center. Clients must stay at the center for the duration of their psilocybin session.
According to OHA, research has shown that psilocybin — or the compound found in magic mushrooms — can help treat depression, anxiety, addiction, trauma, and aid spiritual well-being.
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The lawsuit notes clinical trials have also shown the drug can relieve end-of-life psychological distress but claims access to the treatment for those patients is limited under the Oregon law.“Defendant OHA’s refusal to allow accommodations has placed disabled and terminally ill individuals where they would only be able to access needed services by turning to underground sources,” the lawsuit claims. “For many terminally ill individuals, this means that they will die without having access to psilocybin services that would have substantially benefitted them and that their able-bodied peers can easily access under the [Psilocybin Services Act.]”In the lawsuit, the plaintiffs claimed to have written letters to OHA in 2023 asking for guidelines on serving homebound patients and if their licenses would be […]
Oregon’s psilocybin law challenged over alleged discrimination against homebound patients