Homebound Patients Sue Over Discriminatory Oregon Psilocybin Law

PORTLAND, OR – A newly filed federal lawsuit against Oregon officials argues that the state’s pioneering psilocybin law discriminates against disabled individuals who cannot travel to designated service centers where the substance is administered, depriving them of potential health and well-being benefits.

Lawsuit Overview

The 11-page complaint, filed Monday in the U.S. District Court in Oregon, contends that under state law, “the provision of psilocybin services is explicitly restricted to licensed service centers under the supervision of a psilocybin service facilitator.” This restriction, the lawsuit argues, denies many disabled and terminally ill individuals access to psilocybin services because their physical conditions prevent them from traveling for treatment.

Plaintiffs and Their Claims

The plaintiffs in the lawsuit are four care providers—three licensed psilocybin facilitators and a physician specializing in advanced and terminal illnesses. They seek to offer psychedelic-assisted services but claim they’ve been informed by the Oregon Health Authority (OHA) that there is no legal way to accommodate homebound patients under the current psilocybin law.

OHA’s Position and the Plaintiffs’ Response

According to the lawsuit, the OHA has asserted that under the existing statutory framework, there is no legal pathway to permit psilocybin consumption outside licensed service centers. The plaintiffs argue this stance forces disabled and terminally ill individuals to turn to underground sources for psilocybin, which could result in many dying without access to potentially beneficial treatments.

Request for Court Intervention

The complaint requests the court to assume jurisdiction over the issue and mandate the OHA to “provide the reasonable accommodation of home service when necessary to allow disabled individuals access to psilocybin services.” It also seeks a declaration that the OHA violated state and federal anti-discrimination statutes by refusing to find reasonable accommodations and asks the court to prevent the state from taking adverse actions against licensed facilitators who provide such accommodations.

Legal Basis for Accommodations

“Public 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,” the lawsuit states. It argues that allowing homebound disabled individuals to receive psilocybin services at home would not result in undue burden or fundamentally alter the psilocybin services program.

Background on Oregon’s Psilocybin Law

Oregon voters legalized facilitated psilocybin services through a 2020 ballot measure, and the state approved its first service center just over a year ago. The law has faced various challenges, including regulatory hurdles and inconsistent interest in the costly facilitated psilocybin use.

Recent Developments

Earlier this year, psilocybin service providers and entrepreneurs gathered in Portland for a conference to discuss their experiences and the numerous challenges faced in the past year. This spring, the governor signed a bill to roll back a state law that had previously decriminalized small amounts of drugs for personal use.

Implications of the Lawsuit

The outcome of this lawsuit could have significant implications for the accessibility of psilocybin services in Oregon. If the court rules in favor of the plaintiffs, it may pave the way for homebound disabled and terminally ill individuals to receive psilocybin treatments in their homes, potentially setting a precedent for other states considering similar measures.