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Oregon Officials Seek To Dismiss Psilocybin Access Lawsuit From Homebound Patients

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4 months ago

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“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.

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Cannabis products recalled due to “unreliable” tests

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17 hours ago

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March 3, 2026

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New York State’s Office of Cannabis Management (OCM) has recalled several cannabis products after finding that reported results from a testing laboratory were “unreliable.”

OCM says it has found a total of 54 product lots that tested false positive for Aspergillus, the mold that causes disease. According to OCM, another batch of product had incorrect results for the heavy metal cadmium.

“When test results are inaccurate or unclear, product safety and, in turn, the safety of New York State consumers cannot be guaranteed,” said OCM Executive Deputy Director of Licensing, Enforcement and Laboratories Stephen Geskey. “It’s not a risk OCM is willing to take.”

This information comes from an audit of inspections and records conducted by Keystone State Testing New York between December 2025 and January 2026. According to OCM, there have been no reports of the effects of consuming any of the products.

Read more at News 10










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Virginia House And Senate Lawmakers Advance Marijuana Sales Legalization Bills Toward Governor’s Desk

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17 hours ago

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March 3, 2026

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The march to legalize the sale of recreational marijuana in Virginia continues, with the full House of Representatives and a Senate committee advancing a pair of bills to create a regulated adult cannabis market in the commonwealth.

The House on Tuesday approved the second reading of the cannabis sale bill passed by the Senate, giving it the chance to pass it definitively in the chamber. Earlier, a House measure moved through the Senate Finance and Appropriations Committee on a 10-5 vote, sending the measure back to the floor for consideration.

Both chambers’ marijuana-sale proposals aim to give adults a legal way to buy cannabis, legalizing both state possession and home cultivation in 2021, though there are key differences between them.

Bicameral measures—HB 642 and SB 542—Recently changed to allow micro business licensees to cultivate, process or conduct retail sales at two locations instead of one, as long as they are within 10 miles of each other and operate under common ownership and control.

Lawmakers also revised the legislation to clarify that current medical cannabis businesses would only be able to grow cannabis indoors, including in secure greenhouses with a total hood of 70,000 square feet. The amendments also would not allow additional marijuana licenses with “dual-use privileges” beyond medical licenses.

Finally, the measure’s conversion fee structure was revised to pay current medical marijuana companies the privilege of dividing the adult-use market into three parts.

There are some key differences between the House bills that still need to be ironed out — related to the start date of legal sales and cannabis tax rates — before a final product can be delivered to the governor’s desk.

Here are the key details of Virginia’s marijuana sales legalization legislation, SB 542 and HB 642:

  • Adults would be able to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products, as determined by regulators.
  • The House bill sets a statewide sales date of Nov. 1, 2026, while the Senate measure would allow it to begin on Jan. 1, 2027.
  • The Senate bill would impose a 12.875 percent excise tax on cannabis products, in addition to a 1.125 percent state sales tax and a mandatory 3 percent local tax. The House measure would apply a 6 percent excise tax, as well as a 5.3 percent retail sales and use tax, allowing municipalities to impose a 3.5 percent local tax.
  • Under the House bill, the Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, while the Senate legislation calls for a new combined Alcoholic Beverage and Cannabis Control Authority.
  • The House bill calls for the proceeds to be allocated to a new Cannabis Equity Reinvestment Fund (60 percent), early childhood education (10 percent), the Department of Behavioral and Developmental Health Services (25 percent) and public health initiatives (5 percent). The Senate proposal, on the other hand, would put 30 percent into the capital reinvestment fund, 40 percent for early childhood education, 25 percent for the department of behavioral and developmental health services and 5 percent for public health initiatives.
  • Local governments could not allow marijuana companies to operate in their area.
  • Delivery services would be allowed.
  • Serving sizes would be limited to 10 milligrams of THC, with no more than 100 mg of THC per package.
  • Existing medical cannabis operators could enter the adult-use market if they pay a license conversion fee set at $15 million in the Senate bill and $10 million in the House measure.
  • Cannabis businesses should implement peaceful labor agreements with their employees.
  • A legislative committee would direct the addition of local consumer licenses and micro-enterprise cannabis event permits that would allow licensees to hold sales at farmers markets or pop-up locations. The Virginia Alcoholic Beverage Control Authority would also investigate the possibility of involvement in marijuana regulation and enforcement.

Both the Virginia House and Senate Last month, he took action on multiple marijuana bills during a major deadline—accept proposals to legalize the sale of cannabis, provide a way to punish previous marijuana convictions and allow access to medical cannabis for seriously ill patients in hospitals.

As for the Senate marijuana sales bill, members recently clashed in committee over amendments to the body version that would add new penalties for illegal cannabis activity.

The amendments in the Judiciary Committee’s case included penalties for consumers who purchase from unlicensed sources, recriminalizing possession and sale of cannabis by those under 21, making it a Class 1 felony for a first offense and a felony punishable by a mandatory prison sentence for a second offense. As revised, the bill would also increase the penalty for unlicensed cultivation to a felony with up to five years in prison and make it a felony to transport cannabis with the intent to distribute it across state lines.

But the Finance and Appropriations Committee backed down the amendments last month, sending a letter to senators under pressure from a coalition of advocacy groups. saying that they undermined the “intent” of the legislation and “the will of the people” by adding criminal penalties to certain cannabis-related activities.

In general, both chambers’ commercial sales bills have largely aligned with recommendations released by the legislature in December. Joint Committee to Oversee the Transition to the Commonwealth Retail Cannabis Market.

Meanwhile, some members of the GOP have aligned ideologically with their Democratic colleagues throughout this legislative process, breaking with the majority of their caucus. in favor of creating a regulated market for adults to buy cannabis.

Since legalizing cannabis ownership and home cultivation in 2021, Virginia lawmakers have been working to establish a commercial marijuana market– Only for those efforts to stall under former Gov. Glenn Youngkin (R), who twice vetoed measures sent to his desk by the Legislature.

Governor Abigail Spanberger (D), for her part, supports legalizing the sale of marijuana to adults..

Meanwhile, members of the Virginia House and Senate advanced a pair of bills Monday, with amendments that provide a pathway to resentencing for people with prior marijuana convictions.

Members of the Senate and House Judiciary Committees approved alternate versions of the opposite chamber’s reform bill on Monday, setting the stage for bicameral negotiations as the measures move through the legislative process.

Legislation introduced in both chambers would create a process to consider changing the sentences under which people incarcerated or on community custody for certain felonies involving the possession, manufacture, sale or distribution of marijuana could receive an automatic trial.

Separately last month, the Virginia House patients passed a bill to allow the use of medical marijuana in hospitals. It would require health care facilities to implement policies “to address the situation in which an eligible patient is authorized to use medical cannabis.”

The Senate passed various pieces of legislation use of medical cannabis in healthcare facilities last month

—
It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.

Learn more about our marijuana bill tracking and become a Patreon supporter to gain access
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Meanwhile, the Virginia House passed the bill earlier this month Protecting the rights of parents who use marijuana by complying with state laws.

Del. According to the proposal by Nadarius Clark (D), a parent or guardian’s own use of cannabis “shall not serve as a basis for a finding of abuse or neglect of a child unless other facts establish that its possession or consumption causes or produces physical or mental injury to the child.”

“A person’s legal possession or consumption of substances permitted (under state marijuana law) shall not serve as a basis for limiting custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child,” reads the text of HB 942.

Separately, the Virginia Department of Labor and Industry has published a new defining workplace protections for cannabis users.

Photo by Chris Wallis // Side Pocket Images.

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Swiss company launches nationwide price comparison tool for cannabis

Published

2 days ago

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March 2, 2026

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Evidena Care AG is one of the leading Swiss telemedicine platforms and specialized medical practices for medical cannabis. The company currently supports more than 2,000 patients across the country. Under the direction of Dr. Nicolai Berardi and two other specialist doctors, Evidena Care has focused on evidence-based, responsible and patient-centered treatment for the past two years.

Now, Evidena Care is launching a nationwide online comparison portal for medical cannabis products. The platform is designed for patients who already have a valid medical prescription and want a clear and reliable view of the market. For the first time in Switzerland, patients can directly compare products and prices from the country’s largest pharmacies in one place.

Medical cannabis plays an essential role in the treatment plans of many patients. At the same time, prices can vary significantly between pharmacies, even when the products contain the same levels of active ingredients. As these costs are often not covered by health insurance, or only partially covered, many patients have a heavy financial burden. The new portal addresses this issue by bringing transparency to a market that until now has been difficult to navigate.

The platform provides an overview of available products and dosages, clearly lists the active ingredient content, such as THC and CBD levels, and displays the current prices of leading Swiss pharmacies. Patients can directly compare options and make informed decisions that help optimize their therapy costs, without compromising medical guidance.

“Patients should not be victims of non-transparent pricing structures,” says Dr. Nicolai Berardi, CEO of Evidena Care AG. “We are creating transparency with our comparison portal, strengthening the self-responsibility of those affected and promoting fair competition in the interests of patients.”

The portal is only for people with a valid prescription. It serves as a true information tool and supports cost optimization in an existing therapy supervised by a physician.

For more information:
Evidena Care AG
Email: (email protected)
https://evidena.care/










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