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Psilocybin in Washington County

In November 2020, Oregon voters approved Measure 109 which legalized the licensed and regulated manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in Oregon for adults.

Psilocybin is a psychedelic compound found in more than 200 types of mushrooms. Psilocybin may help with depression, anxiety, trauma and addiction, according to the Oregon Health Authority

In 2020, Oregon voters approved the Ballot Measure 109 (now codified in statute ORS 475A), allowing regulated psilocybin manufacturing, processing, transportation, sales and supervised administration. Our Washington County Community Development Code (CDC) does not have specific allowances allowing psilocybin uses.

What we're doing

Our Community Planning team is beginning work on possible regulations to address these new uses allowed under Oregon law, including potential standards that address the time, place and manner of each use.

For now, if you are planning any psilocybin activity, we recommend that you contact Development Review/Current Planning staff before proceeding. Currently, we will consider requests for these psilocybin uses types under the applicable allowed use(s) in our CDC:

  • Psilocybin production: Staff will review submitted OHA-required LUCS forms for psilocybin production uses or facilities.
  • Psilocybin uses other than production: In addition to a LUCS form, a Type I or Type II land use application approval is required.  See Land Development Process Fact Sheet
    Applicants can submit LUCS forms with land use applications or after a land use approval is issued.

Applicable key provisions of state law:

  • Psilocybin production is considered a farm use/activity under Oregon law and could require a land use review, depending on the land use designation and if other uses occur on the same lot/parcel.
  • Psilocybin can only be purchased and administered at a licensed Psilocybin Service Center by a licensed facilitator. Off-premises sales and uses are prohibited.
  • Psilocybin Service Centers are not allowed within 1,000 feet of a school, unless there is a qualifying physical or geographic barrier, such as a river or highway.
  • Counties and cities can add “reasonable” regulations on time, place and manner of licensed psilocybin-related businesses.
  • A LUCS is required before a psilocybin-related business license is considered.

After we approve a LUCS:

  • Applicants are responsible for submitting it to OHA. 
  • OHA determines compliance with state rules, including applicable state regulations on the time, place and manner of the operation of licensed psilocybin- related businesses. 

County approval of a LUCS does not mean a proposed psilocybin use complies with the state’s psilocybin rules. 

Questions? Contact Development Review/Current Planning at [email protected] or 503-846-8761.

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