Psilocybin facilitators sue Oregon Health Authority over access
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Three psilocybin facilitators and a doctor specializing in end-of-life care are suing the Oregon Health Authority, alleging current psilocybin law discriminates against the terminally ill and others who need care in their homes.
Why it matters: Workers in Oregon's first-in-the-nation psilocybin industry have been bucking against high prices, and are now taking on the restriction that excludes a key demographic, the dying and those who need at-home care.
Driving the news: Marijuana Moment first reported the suit's filing in federal court on June 24 in Eugene.
- The plaintiffs — who argue current rules violate the Americans With Disabilities Act — want OHA to grant exceptions so facilitators can make home visits to administer psilocybin to patients who cannot reasonably travel to a clinic.
- Psilocybin is a hallucinogen found in certain mushrooms that can be used to treat anxiety and depression.
What they're saying: Plaintiff Jay Cusker told Axios he has sat as a facilitator with clients who said mushrooms reduced their fear of dying.
- Cusker cited one client who had stage four pancreatic cancer and was seeking insight into "how to die well."
- The client's colostomy bag opened during the session causing him embarrassment, which Cusker said he would probably not have felt had he been at home.
Catch up quick: Author Michael Pollan's essay "The Trip Treatment" and his bestseller "How to Change Your Mind" make the argument that terminally ill patients can benefit from exploring their thoughts and feelings about death while under the influence of what are popularly known as magic mushrooms.
- Oregonians approved Measure 109 (the Oregon Psilocybin Services Act) in 2020 and the first service center opened in May 2023.
Reality check: The law can only change through state legislation.
Between the lines: Given the Legislature reversed part of a measure decriminalizing possession of small amounts of illicit drugs under Measure 110, Nate Howard of InnerTrek, a psilocybin training school and service center in Portland, has modest hopes Measure 109 will be changed to allow end-of-life, at-home use.
- "I don't see much appetite for drug law in the 2025 session outside of a few core issues. I hope this suit spurs action in either the Oregon House or Senate," he told Axios.
What's next: The state has until July 24 to file a response to the suit.
- OHA spokesperson Erica Heartquist said the agency does not comment on pending litigation.