Delay in providing access to treatment can lead patients suffering from anxiety or depression, which could have been relieved by early intervention, to die.
Filter By Jack Gorsline
The following are some of the ways to get in touch with each other legal battle between the state of Oregon and a group of psilocybin facilitators has escalated, after the state sought for a second time to get their lawsuit thrown out.
The group originally sued the Oregon Health Authority in 2024, to enable homebound disabled and dying Oregonians to access psilocybin under the state’s Psilocybin Services Act. Their complaint argues that, by limiting access to only licensed providers and excluding those unable to leave their homes, the state has violated the Americans with Disabilities Act.
A group of specialists in psilocybin filed an opposition brief to the second state attempt at dismissal in Oregon federal district court on 10 October.
The Oregon Health Authority (OHA) had filed a Motion for Judgement on the Pleadings, arguing that the plaintiffs lacked standing to raise a claim under the ADA on behalf of their terminally ill and disabled clients.
That move came a year after the OHA filed a similar motion to dismiss the lawsuit on comparable grounds—a motion that was denied in June.
The plaintiffs’ attorneys argue that the OHA is merely attempting to avoid a review of the merits of the suit, thereby perpetuating the unlawful exclusion of a vulnerable population.
Kathryn Tucker, an attorney representing the plaintiffs said: “Plaintiff Facilitators has sufficiently alleged that they have standing to act on behalf of themselves and their dying and disabled clients.”
She stated that state officials’ position aims to skirt the requirement of ADA compliance for the Psilocybin Services Act.
“OHA seeks to evade ADA compliance in its operation of the PSA, which unlawfully discriminates against these Oregonians,” Tucker told Filter. Delay in providing access to treatment can lead patients suffering from anxiety or depression, which could have been relieved by the medication.
Psilocybin Services Act – passed by Oregon voters in 2020 – establishes a legal and regulated framework to allow supervised use of psilocybin. It includes purpose statements, legislative findings, that are intended to benefit terminally ill populations. In their lawsuit, the plaintiffs argue that the existing rules which only allow service at licensed centres, contradict the stated purpose.
The plaintiffs want a court to order the OHA that it develops a procedure for providing home services as an accommodation and informs all facilitators licensed to provide such accommodations they are allowed without fear of any disciplinary actions.
This ongoing lawsuit highlights tensions between the groundbreaking state regulatory framework and federal Americans with Disabilities Act which mandates public entities provide reasonable accommodation to make services accessible for people with disabilities. The previous ruling that denied the OHA’s motion to dismiss suggested that requiring ADA compliance—such as access accommodations—would not necessarily compel the state to violate federal law against the distribution of a Schedule I controlled substance.
The OHA, however, maintains that, under the state’s current law as it is written, consuming psilocybin outside of licensed centers would be illegal, and accommodating home consumption would constitute a violation. The OHA’s position puts facilitators in an unenviable situation, as they risk their license or worse by providing services outside of the licensed centers.
Oregon Health Authority officials have not responded to inquiries. FilterComments are welcome on.
A key group of Oregonians, who were to be helped by the Psilocybin Services Act in part, remain shut out. The plaintiffs argue that the delay in providing accessible services has had profound consequences, particularly for terminally ill people whose time to potentially transform the remainder of their lives is limited.
If the federal court once again denies the OHA’s motion to dismiss the case, a substantive ruling on whether the state must make accommodations to allow in-home psilocybin services for such clients will be a step closer. This could lead to a significant expansion of the state’s pioneering program for psilocybin. It could also influence how other states design their own programs going forward.
Tucker said, “We are hopeful that the Court will reject this attempt to bypass the merits of the case, allow the case to proceed, and provide access for the disabled and dying Oregonians who would benefit the most from the psilocybin service.”
This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Bluesky, X or Facebook, and sign up for its newsletter.
Image courtesy Wikimedia/Workman