Oregon Psilocybin Services Licenses and Permits

Oregon Psilocybin Services Licenses and Permits

Measure 109 (The Psilocybin Act), passed in 2020, established the Oregon Psilocybin Services (OPS) as a regulatory body to oversee the psilocybin program in the state. Pursuant to Measure 109, businesses and individuals are required to obtain licenses to grow, manufacture, sell, test, or work at facilities or centers offering Oregon psilocybin services.

The OPS began accepting applications for these licenses on January 2, 2023. As of now, new applications are still being accepted, allowing individuals and organizations to participate in Oregon's regulated psilocybin program.

Types of Oregon Psilocybin Business Licenses

Four types of licenses are issued under the Oregon Psilocybin Program for individuals and businesses looking to participate in psilocybin-related activities. These licenses are Manufacturer License, Service Center License, Facilitator License, and Testing Laboratory License. In addition to these, the OPS also issues worker permits for individuals employed to work in licensed psilocybin businesses in the state.

Manufacturer License

The psilocybin manufacturer license permits the indoor cultivation, processing, and preparation of psilocybin-producing fungi. Licensed manufacturers may produce various psilocybin products, which must undergo testing, packaging, and labeling before being transferred to licensed service centers. Manufacturers may receive endorsements for specific activities, such as fungi cultivation, psilocybin extraction, or psilocybin edible production.

Service Center License

A psilocybin service center license authorizes a licensee to have clients purchase and consume psilocybin products under the supervision of licensed facilitators within its facility. These centers provide a controlled environment for the administration of psilocybin services.

Facilitator License

Individuals holding a psilocybin facilitator license are trained and authorized to support clients through the various stages of psilocybin services, including preparation, administration, and integration sessions.

Testing Laboratory License

Licensed psilocybin testing laboratories are authorized to test psilocybin products for safety, potency, and quality. They ensure that all psilocybin products meet the state's standards before being distributed to service centers.

Worker Permit

A worker permit is required for any individual who does the following:

• Provide psilocybin services at licensed premises.
• Engage in the possession, manufacturing, securing, or selling of psilocybin products at licensed premises.
• Record activities related to psilocybin products at licensed premises.
• Verify documents as specified under ORS 475A.445
• Any licensee under the Oregon Psilocybin Program who owns or controls a licensed entity must obtain a worker permit if they perform any of the listed activities.

Do You Need an Oregon Psilocybin Business License Consultant?

Although none of the official requirements of a psilocybin business license in Oregon include hiring the services of a business consultant, it is recommended that you engage with a consultant in order to improve your chances of having your license application successful. Some of the reasons why a business consultant is helpful in obtaining an Oregon psilocybin business license include the following:

• Understanding Licensing Requirements: The Oregon Psilocybin Program has specific requirements for each license type. These requirements may be complex for individuals new to the industry to understand. Hiring the services of an experienced Psilocybin business consultant can help you identify the specific license you need and the requirements for that license.

• Application Preparation: Oregon psilocybin business license application is a detailed process. A psilocybin business license consultant can guide you through each step, from preparing necessary documentation to submitting the application, ensuring all requirements are met promptly.

• Compliance Assistance: Consultants who specialize in psilocybin licensing typically have in-depth knowledge of Oregon's legal framework. Therefore, they can interpret complex regulations, ensuring your business operations align with state laws and as a result minimize potential legal issues.

• Strategic Planning: Crafting a comprehensive business plan is crucial for success in any industry. Psilocybin business consultants can assist you in developing strategies that cover operational plans, financial projections, and compliance measures.

Finding a Psilocybin Business License Lawyer in Oregon

While the Oregon Psilocybin Act does not require persons seeking psilocybin licenses to have attorneys, hiring the services of one will improve your chances of being successful with your application. An experienced psilocybin business license service attorney can help you interpret the laws, prepare necessary documentation, and guide you through the compliance requirements for licensure, facilitating a smooth application process.

Not all lawyers will be able to help you appropriately. You should seek an attorney who specializes in psychedelic or controlled substances law, particularly one with experience in Oregon psilocybin laws. Usually, most attorneys who fall in this category have backgrounds in cannabis laws. Besides providing assistance with regulatory compliance and application preparation, a psilocybin business license service attorney may offer help with business structuring, land use and zoning, and contract drafting and review for partners, suppliers, and service agreements to protect your business interests.

How to Check the License Status of an Oregon Psilocybin Business

The Oregon Psilocybin Services provides resources for the public to verify the license status of individuals or businesses involved in psilocybin services in the state. The OPS maintains a psilocybin license services directory with information on all currently licensed psilocybin manufacturers, facilitators, service centers, testing laboratories, and individuals holding psilocybin worker permits.

To obtain information on a license or permit status, visit the OPS Active Psilocybin License and Permit Search page of the Oregon psilocybin website. Provide the Licensed ID and select the type of license from the license type menu. Click on the search button to obtain information about the status of a license or worker permit.

In addition to the OPS Active Psilocybin License and Permit Search tool, you may also use the OPS License Directory to find information about a license or licensee. To start, visit the OPS License Directory and provide information depending on the search option chosen (name of the business, license type, or permit holder’s name). After clicking the search button, the directory will display information, including the name of the licensee, the license type, the website of the business, the business' contact phone number, and the business' email address.

How to Surrender an Oregon Psilocybin License

Pursuant to Oregon psilocybin laws, a psilocybin license surrender refers to the voluntary act of a business or individual licensed under the state psilocybin program of submitting or relinquishing their psilocybin licensee to discontinue their operations as a psilocybin service provider or business in the state. This process is formalized by the submission of a request to the OPS.

A psilocybin license surrender is typically initiated by the licensee. This surrender may be due to personal circumstances impacting the ability of the entity or licensee to maintain their license and continue operations. However, OPS may also request a licensee to surrender their license for several reasons including failure to meet the obligations and compliance requirements for the license and the presence of serious legal or ethical issues jeopardizing public trust or safety.

A psilocybin license surrender process typically involves the following:

• Complete the Psilocybin License Surrender Request Form

• Submit the form to the OHA for Approval: Once all requirements are fulfilled, the surrender request is submitted to the OPS for review.

• Wait for Approval: The license remains active until the OHA formally accepts the surrender. Upon acceptance, the OHA will notify the licensee in writing, specifying the effective date of the surrender. Note that before surrendering the license, the licensee may need to resolve any pending issues, such as unpaid fees, incomplete reports, or regulatory violations.

Under Oregon psilocybin laws, the Oregon Health Authority reserves the right to reject a license surrender request. For instance, a rejection may be necessary if the OHA needs to complete certain investigations or resolve some compliance issues or concerns that would require the licensee to maintain the psilocybin license until all matters are resolved. Hence, in accordance with Section 333-333-4280 of the Oregon Administrative Code, a psilocybin license remains in effect until the Oregon Health Authority (OHA) accepts the surrender.