County to take psilocybin ban to voters

Published 12:45 pm Friday, July 22, 2022

Baker County Commissioners on Wednesday, July 20 unanimously approved the first reading of an ordinance that will ask county voters this November whether they want to ban psilocybin manufacturing and service centers in unincorporated parts of the county.

Psilocybin is the substance in “magic mushrooms” that produces hallucinogenic effects.

Research has shown that psilocybin can treat psychological trauma, addiction and other ailments.

In November 2020, Oregon voters approved Measure 109, which legalizes the use of psilocybin, in designated “service centers” only, for people 21 and over. The measure, which failed in Baker County by a margin of 64% to 36%, also allows the production and processing of psilocybin-containing mushrooms.

The measure does not allow the retail sale of the product.

The new law allows cities and counties to put on the ballot ordinances that either ban psilocybin businesses or set a two-year moratorium on them.

The Baker City Council has also decided to put a psilocybin-banning measure on the Nov. 8 ballot. Councilors made that decision on July 12, and they’re slated to review the text of a ballot measure during their July 26 meeting.

County commissioners had a public hearing prior to their decision on Wednesday.

Dan Garrick spoke in favor of the proposed ban in unincorporated parts of the county.

“I’m definitely in favor of banning this,” said Garrick, who will run against Shane Alderson in the Nov. 8 election for the county commission chairman position.

“I don’t see any good that can come out of this,” Garrick told commissioners. “Marijuana has already proved that it’s a bad deal and all these people that claim that it heals anything and everything is a bunch of baloney.”

County Counsel Kim Mosier told commissioners that although the state’s new psilocybin rules are similar to medical marijuana statutes, a significant difference is that retail sale of psilocybin is not allowed. People 21 and older, who don’t need a prescription, can ingest psilocybin only at a state-licensed center. The state expects to start taking applications for service centers, as well as psilocybin production and processing facilities, in 2023.

Mosier said the Oregon Health Authority is working on rules to regulate psilocybin. The agency is set to release a new draft of the proposed rules in September.

“So, we don’t have rules that tell us even how this would be regulated if we were to not opt out,” Mosier told commissioners.

Commissioner Bruce Nichols said he has received emails from people in support of Measure 109.

But he said that doesn’t mean he endorses its use.

“They say there’s a lot of medical need for it and it works. Now, whether that’s true or not, I don’t know,” Nichols said.

He said he spoke with Shari Selander, chief executive officer at New Directions Northwest, and she told him she needs more time to review the research.

“There is an option, from what I understand, that we can put a moratorium on this for up to two years before we refer it to the voters,” Nichols said.

Mosier said the county could propose a moratorium for any period, but that, like an outright ban, would need to be approved by voters.

She said the concept behind a two-year moratorium is that it would give cities and counties time to see how the OHA rules are working.

Mosier also told commissioners that the new law allows county commissioners to repeal a voter-approved ban.

“If you were to go ahead with the ordinance as it’s drafted and send it to the electors and the electors were to approve it and then it becomes permanent, the statute allows a repeal of the opt out ordinance without an election,” she said.

Commission Chairman Bill Harvey said that if the voters overwhelmingly approve a ban on psilocybin in November, he would not be inclined to later reverse their decision.

Commissioner Mark Bennett said that countries that have legalized psilocybin, including the Netherlands, have been “reining back” their laws due to harmful effects of legalization.

Commissioners will have another public hearing on the subject at their next regular meeting, Aug. 3 at 9:30 a.m. at the Courthouse, 1995 Third St.