Oregon Psilocybin Industry Toolkit
Service Center Regulations: The HAF Guide
Introduction
This guide is intended to make it easier for prospective Psilocybin Service Center operators to gain an initial understanding of the draft regulations that govern psilocybin services in Oregon. Our goal was to distill the many pages of legal language into this guide to make them easier to understand.
Most of the content on this page comes from the original Measure 109 text and the Oregon Health Authority’s (OHA) set of administrative rules finalized in December 2022.
This page does not constitute legal advice and is not intended to replace the official documents it summarizes. Please consult an expert before making any decisions.
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50% of the shares, membership interests, partnership interests, or other ownership interests of the legal entity are held, directly or indirectly, by one or more individuals who have been residents of Oregon for two or more years, until this requirement expires on January 2nd, 2025.
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Any person identified as an applicant must undergo a criminal background check
OHA may not consider prior convictions for manufacture of psilocybin or marijuana or possession of a controlled substance or marijuana if the date of conviction is two or more years before the date of application and the person has not been convicted more than once for these infractions.
If an applicant is determined to be ineligible to be licensed due to background check, the applicant has hearings rights to challenge the determination.
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Please check the full rules around zoning and what would qualify. A licensed premises may not be located:
On publicly owned land; or
At the same location as: An adult-use cannabis location, a medical marijuana grow site, a medical marijuana processing site, a medical marijuana dispensary, a location with a liquor license or a retail liquor agent, a licensed health care facility, a food service operation, or a residence.
Within 1,000 feet of a school or in an area that is zoned exclusively for residential use within city limits.
Cannot include a residence on the property inhabited by an owner, renter or tenant, including manufactured homes and vehicles used as domiciles.
Counties and Cities may develop additional regulations regarding time, place, and manner in which business can operate.
Applicants will need to complete a Land Use Compatibility Statement (LUCS) in conjunction with their Local Jurisdiction.
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Application Fee ($500 non-refundable)
IF your application is approved: For Service Centers, license fees are $10,000 but may be reduced to $5,000 if the applicant is a non-profit entity or an individual receiving social security income benefits, enrolled in the Oregon Health Plan, be receiving food stamps through the Oregon Supplemental Nutrition Assistance Program, or has served in the Armed Forces of the United States.
Basics of OHA's Key Rules and Regulations
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Individuals, groups of individuals, or legal entities may apply for a service center license so long as more than 50% of shares, membership interests, partnership interests, or other ownership interests are held, directly or indirectly, by one or more individuals who have been residents of Oregon for two or more years.
Applications must be submitted to the Oregon Health Authority (OHA).
All applications must include the following to be complete:
Legal names and information for all individuals and legal entities applying and/or that have a financial interest in your service center. Including a statement that every applicant meets the requirements of a licensee. Be sure to designate an applicant who will serve as the primary point of contact - this person is responsible for ensuring other parties to the application are aware of relevant communications from the OHA.
Any appropriate forms and information required
A social equity plan
Proof of Oregon residency for at least two years (this requirement sunsets January 1, 2025)
A map or floor plan of premises to be licensed including limited access areas, client administration areas, and boundaries. For applicants with outdoor administration areas, a detailed description of the outdoor administration area including their location and verification that the area is free from hazards.
An emergency plan
Land Use Compatibility Statement (LUCS)
Application Fee ($500 non-refundable)
An applicant or licensee must notify OHA of changes in writing within 10 calendar days. Change fees may apply.
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OHA must review an application to determine if it is complete.
If your application is deactivated due to being incomplete, an applicant may submit a written request for reconsideration. You may also submit a new application.
Any person identified as an applicant must undergo a criminal background check
OHA may not consider prior convictions for manufacture of psilocybin or marijuana or possession of a controlled substance or marijuana if the date of conviction is two or more years before the date of application and the person has not been convicted more than once for these infractions.
If an applicant is determined to be ineligible to be licensed due to background check, the applicant has hearings rights to challenge the determination.
Once OHA has determined that an application is complete, there is a formal review.
OHA may verify any information submitted by the applicant.
OHA may require an inspection of the proposed premises
You may withdraw an application at any time prior to OHA acting on the application unless OHA reasonably believes that the applicant submitted false or misleading information in which case OHA may refuse to accept the withdrawal and may issue a proposed denial.
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If OHA approves your application, you will be notified in writing that you have been approved pending payment of license fees. A licensee may not operate until the effective date of licensure and must display a proof of licensure in a prominent place on licensed premises. Licenses are only valid for the premises indicated on the license and are only issued to the individuals or entities listed on the approved application.
For Service Centers, license fees are $10,000 but may be reduced to $5,000 if the applicant is a non-profit entity or an individual receiving social security income benefits, enrolled in the Oregon Health Plan, be receiving food stamps through the Oregon Supplemental Nutrition Assistance Program, or has served in the Armed Forces of the United States.
You may also have to pay a $250 fee per applicant for any change to a previously approved license that results in the addition of an applicant or $250 per inspection for any change to a previously approved licensed premises.
Side note: All facilitators are required to go through an OHA-approved training program and get a license to practice. Facilitator license fees are $2,000 but may be reduced to $1,000 for individuals receiving social security income benefits, enrolled in the Oregon Health Plan, receiving food stamps through the Oregon Supplemental Nutrition Assistance Program, or having served in the Armed Forces of the United States.
Once OHA has granted an application, an individual who is a licensee representative must pay a $25 fee to receive a worker permit. Valid worker permits are required for licensee representatives that participate in:
The provision of psilocybin services at a licensed premises.
The possession, manufacturing, securing or selling of psilocybin products at a licensed premises.
The recording of the possession, manufacturing, securing or selling of psilocybin products at a licensed premises.
The verification of any documents.
OHA shall deny an application if:
An applicant is under the age of 21
Applicant’s land use compatibility statement shows that the proposed land use is prohibited
The proposed premises are located on public land or within 1,000 feet of a school, or at the same location as a licensed health care facility.
An individual applicant who owns or controls greater than 50% of the proposed business, or at least 50% of the individuals who hold a financial interest in the proposed business, do not qualify as an Oregon resident.
OHA may revoke a license for any reason it may deny an application.
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A licensee may not make any changes that materially or substantially alter the licensed premises or the usage of the licensed premises without OHA's prior written approval. To make these changes, you must submit a form prescribed by OHA. Emergency repairs to the licensed premises made to ensure safety and security do not require prior written approval but must notify OHA of such repairs within five business days of making the repairs.
To renew your license, a renewal application must include the application fee, license fee, documents, and information required by OHA to be complete. A complete renewal application received by OHA at least 60 days prior to license expiration is considered timely and a licensee may continue to operate after the stated expiration date pending a decision on the renewal application by OHA.
License privileges cease if the license is revoked, surrendered, expired or upon the death of a licensee unless OHA has issued a temporary certificate of authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt licensed business, the personal representative of the deceased, or a person holding a security interest in the business.
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Import or export any psilocybin products.
Give psilocybin products as a prize.
Sell, give, or otherwise make available any psilocybin products to any person who is visibly intoxicated.
Make false representations or statements to OHA.
Misrepresent any psilocybin product to a client or to the public.
Deliver or transfer psilocybin products to any person off the licensed premises or to any unlicensed location.
Allow any client to leave the licensed premises with psilocybin products.
Sell or offer to sell a psilocybin product that does not comply with the minimum standards prescribed by the statutory laws of the state.
Be under the influence of intoxicants while present on a licensed premises. This does not include licensees and license representatives who are off duty.
Application and Licensing
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A licensed premises may not be located:
On publicly owned land; or
At the same location as:
An adult-use cannabis location, a medical marijuana grow site, a medical marijuana processing site, a medical marijuana dispensary, a location with a liquor license or a retail liquor agent, a licensed health care facility, a food service operation, or a residence.
Within 1,000 feet of a school or in an area that is zoned exclusively for residential use within city limits.
Counties and Cities may develop additional location restrictions.
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A service center is not a healthcare facility and therefore not subject to ORS chapter 441.
A service center license is prohibited from subletting any portion of the licensed premises. A licensee may authorize the temporary use of the licensed premises for activities that are unrelated to the exercise of license privileges. The requirements of these rules and ORS 475A.210 to 475A.722 remain in effect when such activities take place.
A licensee must clearly identify all limited access areas and administration areas.
Client administration areas must offer clients comfortable options for sitting or reclining during the administration session. Indoor administration areas must be temperature controlled, adequately lit, free of conditions that could pose a risk to clients. Outdoor administration areas must be free of falling hazards, drowning hazards, and any other conditions that could pose a safety risk to clients. Boundaries of the licensed outdoor areas must be clearly marked with visible signage or barriers.
A licensee who sells or handles food or edible psilocybin products must also be licensed by the Oregon Department of Agriculture.
A licensee may not allow animals to be present on the licensed premises, except for assistance animals.
Service centers must make at least one accessible single occupancy restroom located within the licensed premises available for clients’ use during an administration session. This restroom is not required to be located within an administration area. In addition to the above described restroom, a service center may identify alternate restrooms that are located in unlicensed areas of the same structure where the licensed premises is located. Clients may use alternate restrooms when restrooms within the licensed premises are occupied, subject to the following conditions:
A facilitator must escort a client to and from the alternate restroom location.
A facilitator must remain at the restroom door to ensure that no other people are present in the alternate restroom during the time the client is using the restroom.
A service center that functions as a practicum site must notify OHA that practicum will be offered at their location and the training program affiliated with the practicum prior to practicum taking place at their location.
All psilocybin products must be stored on a licensed premises - see Product section for details.
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Every service center shall create and maintain a service center emergency plan that documents procedures for evacuating and relocating clients when the client administration areas become unsafe due to unforeseen circumstances such as fire or a power outage. The emergency plan should also document general procedures for emergency response when a client experiences a medical or other emergency while receiving psilocybin services. A licensee must provide written notice of any changes to an emergency plan to OHA.
Facilitators and service center license representatives are required to make reasonable efforts to resolve any activity or conditions on the licensed premises that endangers the safety of any person present on the premises. If the issue(s) persist following reasonable efforts to resolve, appropriate emergency services must be contacted immediately.
If unable to contact emergency services while the activity is taking place, they must contact emergency services as soon as it is possible to do so. When any person on the licensed premises required emergency medical care due to an immediate or potential life threat, facilitators and license representatives must contact emergency medical services by calling 911.
Service center licensees are responsible for the security of all psilocybin products on the licensed premises or in transit, including providing adequate safeguards against theft or diversion of psilocybin products.
A service center must have a fully operational security alarm system that is able to detect unauthorized entry or activity and has at least two operational “panic buttons” that immediately notifies a security company or law enforcement.
Service centers must have and maintain a fully operational video surveillance recording system.
A service center must create and maintain policies and procedures for possession and storage of weapons on the licensed premises if possession is permitted.
Facility
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An individual may not have a financial interest in more than five psilocybin service centers.
However, a person may hold both a manufacturer license and a service center operator license at the same or different premises.
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A service center may operate between 6:00 AM and 11:59 PM.
Every administration session must begin at a time that allows the minimum duration of that session (based on dosing) to elapse prior to 11:59 PM.
Counties and cities may develop additional restrictions on operating hours.
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Service centers may purchase, possess or receive psilocybin products from a manufacturer or service center and may transfer psilocybin products to a manufacturer or service center. A service center may allow a laboratory licensee to obtain samples for purposes of performing testing.
You may not permit on-site sale or consumption of psilocybin product or any intoxicants except for clients consuming psilocybin products during an administration session.
Prior to selling psilocybin products or providing psilocybin services, a licensee must verify the age of the client (21+) by viewing approved documents (e.g., government issued identification cards).
Service centers must collect tax on all psilocybin products sold and document sale of all products and services. A service center may not collect tax on any goods other than psilocybin products, nor on the cost for psilocybin services.
A service center may not:
Discount a psilocybin product or offer a psilocybin product for free if the retail sale of the psilocybin product is made in conjunction with the retail sale of any other item or service.
Permit a client to bring psilocybin products onto the licensed premises or take any psilocybin product from the licensed premises.
Sell or offer sale of any psilocybin products that does not comply with the requirements of ORS chapter 475A or these rules.
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A licensee must keep a daily log of all employees and permitted visitors who perform work on the licensed premises. A copy of the daily log must be maintained for at least two years.
All employees and permitted visitors present must wear clothing or a badge issued by the licensee that easily identifies the individual. All permitted visitors must be accompanied by a license representative at all times.
A license representative of a service center may not:
Assist a client with taking medication.
Assist a client with a medical device.
Assist a client with an alternative communication device or assistive listening device.
Assist a client with consuming psilocybin products.
Provide psilocybin services to a client unless the representative is also a licensed facilitator and services are provided in compliance with these rules.
A licensee may not permit a person under 21 years of age to work or be on a licensed premises except if the person has a legitimate business purpose for being there. For example, a plumber who is under 21 years of age may be on the premises to make a repair.
A licensee must clearly identify all limited access areas.
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A service center or facilitator may not disclose any information that may be used to identify a client, or any communication made by a client during the course of providing psilocybin services or selling psilocybin products except with client’s consent. Provision of psilocybin services may not be conditioned upon whether a client consents to the disclosure of their identifiable information.
Any licensee, license representative or permittee who witnesses or becomes aware of conduct involving a client that violates ORS chapter 475A or these rules must report that conduct to OHA within 24 hours.
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Licensees shall store, maintain and destroy records in a manner that prevents unauthorized access and protects client confidentiality. Licensees must maintain required records for a period of five years.
A licensee must have and maintain records that clearly reflect all financial transactions and the financial condition of the business. Records may be kept in either paper or electronic form and must be maintained for a five-year period.
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Fees must be listed separately for preparation, administration and integration sessions and whether those fees will be paid directly to the facilitator or to the service center. Payment for psilocybin products must be received prior to beginning an administration session. If purchased psilocybin products are not transferred to a client, a service center must provide a refund for the purchase price.
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Psilocybin advertising may not contain statements that are deceptive, false, or misleading nor contain any content that can reasonably be considered to target individuals under the age of 21. Learn more about advertising rules here.
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OHA may suspend or revoke a license or permit for violation of a provision of ORS chapter 475A or these rules.
OHA may sanction a licensee or permittee and may impose a civil penalty.
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A service center must store, manage and dispose of solid and liquid waste generated in accordance with applicable state and local laws and regulations. Waste items consisting of psilocybin products must be rendered unusable and disposed of on the licensed premises or transferred to another licensee for disposal.
General Operations
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A facilitator must complete a preparation session with every client who will participate in an administration session at least twenty-four hours but no more than 90 days prior to the client’s first administration session. After completing the initial preparation session, a facilitator is not required to complete additional preparation sessions prior to conducting an administration session with that client for a period of 12 months.
Preparation sessions must be conducted privately with each individual client.
A facilitator must complete a client information form and transportation plan in coordination with the client during the preparation session.
A facilitator must also provide a client with the following during a preparation session and review each document with the client:
Informed consent document
Client Bill of Rights
Disclosure Form
Product information document
Documentation of the fees charged for provision of psilocybin services and any applicable refund policies or additional fees that could be charged to the client.
Documentation of the price charged for the sale of psilocybin products
Applicable sections of the service center emergency plan.
The service center’s policy on possession of firearms and weapons.
A facilitator must obtain prior written consent from a client for the following activities and circumstances:
Participation in a group administration session
Use of supportive touch during an administration session
Participation in training practicum
Video or audio recording of an administration session
Presence of an interpreter or client support person
Sharing of identifiable client data
The use of different facilitators to conduct a client’s preparation, administration or integration sessions
Consuming secondary doses of psilocybin products
Participating in an administration session where licensee representatives of a service center will be present.
Disclosure form for de-identified client data.
Client consent forms must be completed at least 24 hours prior to the client’s administration session or at least 24 hours after the conclusion of the client’s administration session.
Preparation sessions may be completed in person or virtually using video conferencing technology.
Clients who will participate in a group administration session must have an opportunity to meet and interact with other facilitators, clients, and any interpreters or client support persons who will participate in the group administration session prior to the session commencing. Clients who will participate in a group session must be informed of additional considerations during preparation including safety considerations with other clients, appropraite boundaries, using a consent model when interacting with other clients, and appropriate touch between clients.
Facilitators must work with every client who will participate in an administration session to draft a safety and support plan that identifies risks and challenges specific to the client’s circumstances and resources available to mitigate those risks and challenges, including the client’s existing support network and appropriate external resources. These plans must also include contact information for a person to be contacted in the event the client experiences a medical or other emergency. Safety and support plans may not be changed during an administration session.
The preparation session requirements may be satisfied by conducting multiple preparation sessions.
A facilitator must discuss the process for verification of license status and process for making complaints to OHA during a preparation session.
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Prior to beginning an administration session, a client must sign and complete a client acknowledgement document that attests they have received, completed and signed (when applicable) the above documents.
Facilitators have a duty to put clients’ interests above their own and use a standard of care that other reasonable facilitators would use under similar circumstances.
A facilitator shall not engage in any conduct that requires additional professional licensure while providing psilocybin services, including but not limited to diagnosing and treating physical or mental health conditions. If a facilitator holds a professional license in another field, the facilitator shall not exercise the privileges of that license while providing psilocybin services.
Any licensee, licensee representative or permittee who witnesses or becomes aware of conduct involving a client that violates ORS chapter 475A, these rules, harms or potentially endangers a client must report that conduct to OHA within 24 hours.
Administration sessions must be conducted by a facilitator and may only take place within a service center’s designated administration area.
A facilitator must always be present during administration sessions and shall continuously monitor any client participating in the session.
This rule does not apply to client restroom breaks.
A facilitator may take restroom breaks of no more than five minutes if the facilitator remains on the premises and a service center representative is available to monitor clients.
In addition to a facilitator, at least one license representative of a service center must be present on the premises at all times when an administration session is taking place.
A license representative of a service center must transfer psilocybin products to clients within a designated administration area and clients must consume the product promptly following transfer while the license representative observes. Facilitators are prohibited from transferring, selling or otherwise handling any psilocybin product while they are facilitating a preparation, administration or integration session, regardless of whether the facilitator is also a license representative of a service center.
Facilitators must ensure that a back-up facilitator is available to assist in case of unforeseen circumstances that prevent the primary facilitator from completing the session. Backup facilitators must be able to reach the licensed premises within 15 minutes of being contacted.
Facilitators may conduct outdoor administration sessions at a service center’s designated outdoor administration area. However, you must also have an indoor administration area available for use if weather or air quality conditions present a risk to the health and safety of clients.
For group administration sessions, the minimum facilitator to client ratio depends on the amount of psilocybin product clients will individually consume. Similarly, the minimum duration of an administration session is dependent on the total amount of psilocybin analyte a client consumes.
A service center may not host administrative sessions for more than 100 clients at any given time regardless of whether the clients are participating in separate individual or group administration sessions.
Every client participating in a group administration session must be provided with an opportunity to leave the group and move to an individual session. If a client becomes disruptive during a group administration session, a facilitator must make reasonable efforts to move that client to an individual session.
A service center licensee may not install video surveillance equipment in client administration areas. Service centers may make recordings of administration sessions using portable equipment with the prior written consent of every client and facilitator who will be recorded. Any recordings made must be retained by the service center for a period of five years and must be made available to view for recorded clients and facilitators upon request at no charge.
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A facilitator shall offer clients the opportunity to participate in one or more integration sessions following an administration session. Facilitators must use a non-directive approach to an integration session. A facilitator shall attempt to contact every client within 72 hours of the conclusion of the administration session to offer the client information on integration sessions and other services, including but not limited to peer support groups and community resources, in support of a client’s ongoing integration needs.
Service Delivery
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Oregon Psilocybin Manufacturers may only cultivate or possess fruiting bodies of the fungi species Psilocybe cubensis - this is the only approved product for Oregon Psilocybin services.
Quantities of psilocybin products shall be measured in total grams of psilocybin contained in a product that has been tested for potency.
A service center may possess a total of no more than 100 grams of psilocybin.
However, you may request authorization in writing to exceed this limit.
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Containers or packaging for psilocybin products must protect the packaged item from contamination and excessive moisture and must not import any toxic or harmful substance to the packaged item.
All psilocybin products must be transferred to a service center in a sealed package for ultimate sale to a client.
Psilocybin products for ultimate sale to a client must not be packaged or labeled in a manner that is attractive to minors, comply with serving size requirements, be appropriately labeled and packaging may not display any untruthful or misleading content.
A product information document with 12-point font or larger must be provided to a client during their preparation session. A service center must make reasonable efforts to translate the product information document to languages other than English and otherwise provide the product information in an accessible format upon client’s request.
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All psilocybin products must be stored on a licensed premises within a locked, enclosed area within a limited access area that is secured with, at a minimum, a properly installed steel door with a steel frame and a commercial grade, non-residential lock; or be kept within a locked safe within a limited access area. Products that require refrigeration must be stored in an appropriate, temperature-controlled environments.
A service center, manufacturer or laboratory must:
Use the psilocybin tracking system as an inventory and record keeping system.
Have a psilocybin tracking system account activated and functional within three business days of being licensed.
Maintain an active psilocybin tracking system account while licensed.
In order to obtain a psilocybin tracking administrator account, a license holder must attend and successfully complete all required psilocybin tracking system training.
Each service center, by 11:59 AM of the next calendar day, reconcile all psilocybin product inventories and weights in the psilocybin tracking system to reflect the prior day’s activity.
A service center, manufacturer or laboratory license must use unique identification tags issued by an OHA-approved vendor at the cost of the licensee.
A licensee is responsible for the accuracy of all information entered into the psilocybin tracking system. Each individual user must have a unique log-on and password.
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Psilocybin products transferred between licensed premises may only be transported by a licensee or license representative of the originating or receiving licensee.