Local governments weigh options for psilocybin regulations

Published 4:50 pm Monday, July 29, 2024

Across Clatsop County, local governments are considering ballot measures and ordinances that could shape the future of psychedelic mushroom use on the North Coast.

Psilocybin, sometimes referred to as “magic mushrooms,” is a substance derived from fungi. Although it remains a Schedule I controlled substance at the federal level — meaning that it has no currently accepted medical use and a high potential for abuse — the drug has been used for spiritual and ceremonial purposes for centuries, and research suggests it may help address depression, anxiety, trauma and addiction.

In November 2020, Oregon voters approved Measure 109, a first-of-its-kind law that authorized the Oregon Health Authority to license and regulate the manufacturing, testing and distribution of psilocybin. Two years later, some jurisdictions — like Cannon Beach — adopted time, place and manner regulations for psilocybin-related businesses, while others — like Clatsop County, Seaside and Warrenton — established temporary moratoriums on them.

The temporary moratoriums will sunset at the end of December, leaving jurisdictions with two main options: placing a permanent moratorium on the ballot, or following in other cities’ footsteps and developing new regulations.

Clatsop County

At a work session on July 24, Clatsop County commissioners agreed to move forward on time, place and manner regulations for psilocybin. Now, the question shifts to whether the county will opt for more moderate or restrictive regulations.

County staff began the research process and introduced the concept to the Planning Commission in July. The first public hearing will likely be in October.

Commissioner Lianne Thompson said she sees psilocybin as a potential tool for mitigating trauma and mental health challenges.

“The question in my mind is restrictive or moderate time, place and manner, because I want to see people be able to develop new and creative and effective uses to deal with trauma and to experience the economic growth that’s possible,” she said at the work session.

Other commissioners expressed concerns, including Commissioner John Toyooka, who sees psilocybin use as a recreational therapy rather than a medicinal one. The substance can only be consumed in licensed service centers, meaning someone couldn’t purchase it at a dispensary and take it at home, but no referral or prescription is required.

Commissioner Courtney Bangs said she would favor more restrictive regulations, citing concerns over the strain psilocybin production might put on water use and small water districts.

“As much as I want economic growth, I don’t want it to be on the shoulders of a small taxing district who is underfunded and, you know, they’re already struggling with their infrastructure,” Bangs said.

Warrenton

In 2022, Warrenton passed an ordinance prohibiting psilocybin-related businesses and referred it to voters for approval in the 2024 election. On July 23, city commissioners approved a resolution to place a permanent moratorium on the November ballot.

“I’m totally against the idea of even having (psilocybin) in this community. I’m totally against the idea that we as a society need to start bringing drugs into our community,” Commissioner Paul Mitchell said. “It just causes other problems along the way, and I really think that we need to get ahead of it.”

Mayor Henry Balensifer also voiced concerns about the potential for psilocybin-related businesses in Warrenton, adding that he’d prefer the city not be a test case for a relatively unknown industry. The mayor requested that city staff begin drafting time, place and manner regulations for psilocybin-related businesses in the event voters reject a permanent moratorium in November.

“I just think it’s important that we have that as a clear policy for the commission, regardless of what happens, so that it doesn’t become this kind of gray area where we start seeing these things pop up everywhere, you know, for lack of regulation,” he said.

Seaside

The Seaside City Council held the first reading of an ordinance on July 22 to put a permanent moratorium on psilocybin services on the November ballot. City councilors generally agreed that, because other jurisdictions allow psilocybin services but have not yet taken advantage of the opportunity, bringing them to Seaside may be unnecessary.

“We have neighboring cities that allow it — Cannon Beach, Gearhart, Astoria — and so I don’t necessarily think that it’s a necessity for us to have it here in our city for people to be able to access it,” City Councilor David Posalski said.

Seamus McVey, a resident, encouraged city councilors to review more information about psilocybin before making a final decision, adding that a permanent ban feels too restrictive.

“There’s a great deal of science out there regarding the topic of psilocybin as a treatment for various mental health issues,” McVey said. “I would encourage the council to perhaps wait before putting this up for a vote, in order to view some of that science to see just how effective this is and how beneficial this can be for those in the community who do need it and would be able to access it.”

The second reading is scheduled for August. Several city councilors said they planned to do more research and seek more community feedback on the issue.

“I think the word ‘permanent’ is a misleading word here,” City Councilor Tita Montero said. “By continuing a moratorium with no end in sight, we still provide the ability of the council and of the voters to change that at some point in the future. But it also gives us the time to see what the effects are, to see what the experience is, to see what happens in other cities. To see if this is something, ultimately, that is wanted in Seaside.”

Jasmine Lewin contributed to this report.

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