“Delays in enabling access mean that patients who achieved relief from debilitating anxiety and depression will die in unrelieved suffering.”
Author: Jack Gorsline, Filter
A The legal battle between the state of Oregon and a group of psilocybin boosters has intensified after the state asked for a second time to throw out their lawsuit.
The group originally sued the Oregon Health Authority in 2024 to prevent disabled and dying Oregonians from accessing psilocybin under the state’s Psilocybin Services Act. At the heart of their complaint is that by limiting services to licensed centers and excluding those who cannot travel, the state is violating the Americans with Disabilities Act (ADA).
The plaintiffs, a group of specialty psilocybin suppliers, filed their brief in a federal District Court in Oregon on October 10, challenging the state’s second attempt to dismiss the case.
The Oregon Health Authority (OHA) filed a motion for judgment on the allegations that the plaintiffs lacked standing to state a claim under the ADA. terminally ill and disabled customers.
That motion was followed by a similar motion filed by OHA and a motion to dismiss the case on similar grounds. it was denied in June
Attorneys for the plaintiffs argue that the OHA is trying to avoid reviewing the merits of the case, thereby perpetuating the illegal exclusion of a vulnerable population.
“Plaintiffs’ promoters have complained enough on their behalf and on behalf of their disabled and dying clients,” said Kathryn Tucker of the National Psychedelic Association, one of the attorneys representing them.
He said the state’s position attempts to sidestep the ADA compliance requirement in the operation of the Psilocybin Services Act.
“OHA seeks to avoid compliance with the ADA in the operation of the PSA, as it unlawfully discriminates against Oregonians,” Tucker said. The filter. “Delays in enabling access mean that patients who achieved relief from debilitating anxiety and depression will die in unrelieved suffering.”
The Psilocybin Services Act, passed by Oregon voters in 2020 to establish a legal and regulatory framework to oversee the use of psilocybin, includes legislative findings and detailed statements of goals that indicate the intent to serve populations such as the terminally ill. The plaintiffs in the lawsuit say that the existing rules, which mandate only service at authorized centers, directly contradict that goal.
The plaintiffs are seeking a court order to require OHA to develop a process for domestic service as a reasonable accommodation, and to notify all licensed facilitators that such accommodations are permitted without fear of disciplinary action.
The ongoing litigation highlights the tension between the state’s innovative regulatory framework and the federal Americans with Disabilities Act, which requires public entities to provide reasonable accommodations to ensure services are accessible to people with disabilities. A previous ruling denying OHA’s motion to dismiss suggested that requiring compliance with the ADA—such as access accommodations—would not necessarily compel the state to violate federal law against the distribution of a Schedule I controlled substance.
However, OHA says that current state law, as written, does not provide a legal means to consume psilocybin outside of a licensed service center, and that accommodating home use would violate the statute. This attitude leaves facilitators who want to serve domestic clients in a precarious situation, at risk of losing their licenses or worse if they provide services outside of regulated centers.
Oregon Health Authority officials did not immediately respond The filterrequests for comments.
Meanwhile, the Psilocybin Services Act was intended to help prevent access to a key population in Oregon. The plaintiffs say the delay in providing accessible services has had far-reaching consequences, especially for terminally ill patients who have limited time to potentially transform the rest of their lives.
If the federal court once again denies OHA’s motion to dismiss the case, it will move closer to deciding whether the state must make accommodations for those clients to perform psilocybin services at home. The result could significantly expand access to the state’s pioneering psilocybin program. It may also affect how other states design their programs.
“We hope the Court will decline to avoid merits review, move the case forward, and ensure access to disabled and dying Oregonians, who are among those most likely to benefit from psilocybin services,” Tucker concluded.
This the article Originally published by the author The filteran online magazine that deals with drug use, drug policy and human rights from a harm reduction perspective. Keep the filter on Bluesky, X or Facebookand sign up for their newsletter.
user photo Wikimedia/Staff.