On Monday, a lawsuit was filed by Oregon health care providers in the U.S. District Court in Eugene, taking issue with the state's groundbreaking law on psilocybin, the psychoactive substance found in so-called magic mushrooms. The law, which was established in 2020 following Measure 109's passage, is being challenged based on alleged discrimination. As reported by KOIN, the plaintiffs include three licensed psilocybin facilitators and a physician with expertise in caring for terminally ill and homebound patients. They claim that the regulation, which requires psilocybin services to be conducted exclusively at state-licensed service centers, unreasonably excludes those who are homebound due to disability or terminal illness.
According to the same KOIN report, the plaintiffs are arguing that the Oregon Health Authority's regulations violate the Americans with Disabilities Act by not providing reasonable accommodations for these individuals. This has sparked concerns that such patients might turn to illicit markets to obtain potentially beneficial psilocybin services, as they cannot access legal treatment under current guidelines. "Defendant OHA’s 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," the lawsuit claims. Furthermore, the group has previously sought guidance from the OHA regarding this issue, inquiring whether providing in-home psilocybin services would jeopardize their licenses—a conversation detailed in 2023 letters to the health authority.
The debate over access to psilocybin therapy brings to the fore critical questions of equity and healthcare availability. Under the OHA's current framework, as The Woodburn Independent highlights, substances must be grown or produced by licensed manufacturers, tested by certified labs, and administered in person at registered service centers, leaving no legal provision for at-home use by those who cannot feasibly travel.
OregonLive, publishing details of the lawsuit, underscores the significance of the potential benefits for those with psychological distress, especially as one approaches end-of-life. The desire of the plaintiffs is to see an amendment of the existing law, one that would allow for the compassionate administration of psilocybin therapy within the accommodation of one’s own home, thereby extending these services to a wider, more inclusive spectrum of the population in need.
