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Oregon Officials Seek To Dismiss Psilocybin Access Lawsuit From Homebound Patients

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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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Transportation Groups Warn Feds Of Marijuana Rescheduling’s ‘Consequences’ For Drug Testing Of Truck Drivers And Pilots

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A coalition of transportation and safety organizations said they have “serious safety concerns” about the Trump administration’s move to federally regulate marijuana.

Led by the American Trucking Association, the groups sent a letter to federal officials Monday asking them to take steps to ensure truck drivers, pilots, transit operators and other safety-sensitive workers continue to be tested for cannabis.

“If employers do not take the necessary steps to preserve the ability of security-sensitive transportation workers to test for marijuana, this change could have significant consequences for the safety of passengers and the entire transportation industry,” wrote Acting Attorney General Todd Blanche, Drug Enforcement Administration (DEA) Administrator Terrance Cole, Health and Human Services Secretary Robert F. Kennedy, and Transportation Secretary J.

The organizations said they understand that federal officials are being “urgently” reorganized under an executive order from President Donald Trump, that they are “deeply concerned that the current process does not adequately take into account agencies responsible for transportation safety or protecting the traveling public” and that they want the agencies to “work together.” ongoing cannabis redistricting hearings and rulemaking process to address these concerns.

In May, the Department of Transportation (DOT) issued new guidelines saying just that Truck drivers, airline pilots and other safety-sensitive workers still cannot use medical marijuana without penalty despite the Trump administration’s move to reschedule.

“Marijuana use is incompatible with safety-sensitive functions,” the department said.

Medical review officers (MROs) who receive drug test results indicating cannabis use cannot rule them out as negative for illegal substance use, even if an employee claims it was a result of state-licensed medical marijuana.

“Currently, there is no way for an MRO to verify that a laboratory-confirmed marijuana drug test result is positive when an employee claims the positive was caused by a state-licensed marijuana product,” the DOT said, explaining that after the reprogramming, medical marijuana dispensed under state law “does not” constitute a drug approved by the Food and Drug Administration (FDA).

The transportation groups said in the new letter that the DOT’s drug-testing program “is in accordance with the Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs and HHS-certified laboratories.”

“While DOT has expressed its intention to continue testing marijuana, a commitment we greatly appreciate, it is unclear whether DOT will retain its ability to rely on HHS procedures and certifications after the rescheduling,” they wrote. “Without this alignment, DOT may retain the authority to conduct testing, but lack the scientific and procedural infrastructure to do so.”

“Practically, this would mean that truck and bus drivers, pilots, flight attendants, air traffic controllers, air mechanics, railroad workers, dispatchers and signal workers, transit operators and pipeline workers could continue to perform high-risk safety roles without a reliable means of verifying that they are not actively using marijuana. It relies on controlled substance testing to identify end use and prevent potentially impaired individuals from fulfilling their safety-related obligations. While the planning could create legal or regulatory loopholes, the regulated employer-based drug testing agency warned that the final rules should not jeopardize marijuana testing for safety-sensitive transportation workers.”

“Regardless of the broader policy goals of the review, the federal government should not move forward to preserve transportation drug testing programs and mitigate the risks of increased and unchecked deterioration of our roads, railroads, public transportation systems, pipelines, airspace, and maritime corridors,” the letter says.

The organizations specifically ask federal officials to:

  • Support long-term marijuana testing for all safety-sensitive transportation workers;
  • Confirm the authority of DOT-regulated employers to perform such tests;
  • Ensure HHS laboratory certification and testing guidelines remain available and aligned with DOT’s safety mission; and
  • Establish a coordinated federal strategy to address the transportation security implications of rescheduling.

“The public and the workers who keep our transportation system running safely deserve a process that ensures these safeguards are firmly in place before any final action is taken,” he said. the letter he says

Earlier this month, the House Appropriations Committee approved a provision to allow federal officials to continue requiring government employees and security-sensitive employees, such as truck drivers and airline pilots must be drug tested for marijuana, “regardless of any future change in legal status or schedule.”

This was followed by a press conference organized by prohibitionist groups and a drug-testing industry association, where both Republican lawmakers joined the proclamation. “Cut” to marijuana rescheduling by asserting that safety-sensitive transportation workers can still be punished for testing positive for THC.

Legislators and abolitionist activists argued that moving marijuana to Schedule III would lead to a 1986 executive order signed by President Ronald Reagan defining illegal drugs under the Controlled Substances Act (CSA) in relation to the use of cannabis by truck drivers and other airline employees.

Last October, Transportation Secretary Sean Duffy suggested that President Donald Trump was “putting pressure” on rescheduling cannabis.arguing that marijuana is “truly addictive” and that policy reform on the issue sends a “dangerous” message.

“At a time when the culture is encouraging and celebrating the use of marijuana, we’re not talking about risk,” Duffy said.

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