A newly filed federal lawsuit against Oregon officials says the state\u2019s first-in-the-nation psilocybin law discriminates against disabled individuals who can\u2019t travel to designated service centers where the substance is administered, unfairly depriving them of potential benefits to health and well-being.<\/p>\n
Under state law, \u201cthe provision of psilocybin services is explicitly restricted to licensed service centers under the supervision of a psilocybin service facilitator,\u201d says the 11-page complaint, filed Monday in U.S. District Court in Oregon. \u201cBecause services may only be provided at licensed service centers, many disabled and terminally ill individuals\u2014those who would benefit from access to psilocybin the most\u2014are denied access to those services because their physical condition prevents them from travelling for treatment.\u201d<\/p>\n
Plaintiffs are four care providers\u2014three licensed psilocybin facilitators and a physician specializing in advanced and terminal illnesses\u2014who want to be able to offer psychedelic-assisted services but say they\u2019ve been told by the Oregon Health Authority (OHA) that there\u2019s no way to accommodate homebound patients under the state\u2019s psilocybin law.<\/p>\n
\u201cOHA asserted that, under the statutory framework created by the [psilocybin law], there is no legal pathway to make accommodations for psilocybin to be consumed outside of a licensed service center and that the statute would need to be amended for accommodations to be permitted,\u201d the suit alleges.<\/p>\n
\u201cDefendant OHA\u2019s refusal to allow accommodations has placed disabled and terminally ill individuals where they would only be able to access needed services by turning to underground sources,\u201d it continues. \u201cFor many terminally ill individuals, this means that they will die without having access to psilocybin services that would have substantially benefited them and that their able-bodied peers can easily access under the PSA.\u201d<\/p>\n
The complaint asks the court to assume jurisdiction over the issue and require the health authority to \u201cprovide the reasonable accommodation of home service when necessary to allow disabled individuals access to psilocybin services, and to notify all licensed facilitators that such accommodations are permitted.\u201d<\/p>\n
It further asks that the court declare OHA violated state and federal anti-discrimination statues when refusing to find reasonable accommodations and prevent the state \u201cfrom taking any disciplinary or other adverse action\u201d against licensed facilitators for providing such reasonable accommodations.<\/p>\n
\u201cPublic entities are required to make reasonable accommodations when necessary to allow disabled individuals to access programs and services unless doing so would result in an undue burden or a fundamental alteration of the program or service. Allowing disabled individuals whose disability prevents them from travelling to a licensed service center to receive psilocybin services in their homes as a reasonable accommodation would not result in an undue burden or a fundamental alteration of the psilocybin services program.\u201d<\/p>\n
Oregon voters legalized facilitated psilocybin services through a 2020 ballot measure<\/a>. The state approved its first service center a little over a year ago<\/a>.<\/p>\n Earlier this year, psilocybin service providers and entrepreneurs met for a conference in Portland, where they recalled a year of life-changing experiences for clients but also a litany of challenges<\/a>, red tape and inconsistent interest in facilitated psilocybin use, which can cost individuals hundreds or thousands of dollars.<\/p>\n This spring the governor also signed a bill to roll back a state law that previously decriminalized small amounts of drugs for personal use<\/a>.<\/p>\n Read the full complaint<\/a> below:\u00a0<\/strong><\/p>\n\n Oregon\u2019s First-In-Nation Psilocybin Industry Is Struggling To Find Paying Customers A Year After Launching<\/a><\/p>\n<\/blockquote>\n\n The post Lawsuit Says Oregon\u2019s Psilocybin Law Illegally Discriminates Against Homebound Patients Who Can\u2019t Travel To Psychedelic Service Centers<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A newly filed federal lawsuit against Oregon officials says the state\u2019s first-in-the-nation psilocybin law discriminates against disabled individuals who can\u2019t travel to designated service centers where the substance is administered, unfairly depriving them of potential benefits to health and well-being. Under state law, \u201cthe provision of psilocybin services is explicitlyContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76579"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=76579"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76579\/revisions"}],"predecessor-version":[{"id":76580,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76579\/revisions\/76580"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=76579"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=76579"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=76579"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Lawsuit Says Oregon\u2019s Psilocybin Law Illegally Discriminates Against Homebound Patients Who Can\u2019t Travel To Psychedelic Service Centers<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"