Oregon became the first state to legalize the use of psilocybin, with plans to open therapeutic psilocybin clinics for patient treatment, back in 2020 with Ballot Measure 109. But after the recent election, it’s looking like a good portion of the state isn’t quite ready to take the leap. On Election Day earlier this month, 25 of Oregon’s 36 counties—almost 70% of the state’s total counties—voted to ban the use of psilocybin, Leafly reports.
The “opt-out” model mirrors the procedures we’ve seen with cannabis in adult-use states: Voters or legislators legalize recreational cannabis, and then residents and local leaders can then decide whether or not they will allow dispensaries within their individual municipalities.
This conversation has come up a number of times in recent years in reference to California, where 62% of counties do not allow the sale of possession of cannabis even though it’s legal at the state level. Critics have suggested that the amount of county bans actually harm the recreational market and fuel the illicit market, since many residents cannot access legal cannabis easily.
Psilocybin clinics will still open in 11 counties next year. So far, the counties of Multnomah, Washington, Lane, Jackson, Deschutes, Yamhill, Benton, Columbia, Lincoln, Wasco and Hood River are set to press forward with the therapy centers.
In addition to the 25 Oregon counties, more than 100 cities also opted out, according to KATU 2 ABC. This further complicates matters, as some of these opt-out cities are within counties that otherwise allow it. Other municipalities voted for temporary bans, generally spanning two years, which allows residents to think about their stance and vote on the ban in the 2024 election.
Most of the counties containing large liberal cities will unsurprisingly press forward and allow psilocybin centers, including Portland (Multnomah County) and surrounding counties, Bend (Deschutes County), Eugene (Lane County) and Ashland (Jackson County).
As far as the no votes, most of the counties don’t come as a huge surprise. Evry county that voted against psilocybin reform in 2020 came back with the same energy this year, siding with bans. Several counties, including Clackamas, Clatsop, Tillamook and Curry, initially voted “Yes” on the measure and reversed course during the election.
Residents and officials, especially in Oregon’s more rural counties, expressed concern that allowing psilocybin, even in a controlled therapeutic setting, could create future openings for black market manufacturing and sales.
“I do have concerns we are a little head shy about time, place and manner because of what happened with marijuana,” said Jackson County Commissioner Colleen Roberts during a July meeting.
McMinnville City Councilor Adam Garvin also expressed concerns that the process was too much of a trial-and-error process, nodding to the state’s past experience with legal cannabis.
“I just know how bad the state stumbled with the rollout of the marijuana stuff, being involved with that first hand,” Garvin said.
Advocates have argued that psilocybin reform will look different than cannabis legalization, given the variance in effects and that psilocybin will only be used in legal therapy centers alongside trained medical professionals. The different nature of the experiences doesn’t necessarily open the door for a full-on retail psilocybin space.
Regulators also aren’t surprised by the amount of counties opting out of psilocybin centers.
“We knew this was coming and that these ordinances would be referred to voters at the next statewide election,” Angela Allbee, Oregon Psilocybin Services Section manager, told Leafly. “It’s not surprising, knowing that we’re first in the nation. [We understand] that there’s a lot of robust education that needs to happen, about the structure of Measure 109.”
While some Oregonians might be concerned that psilocybin could be completely overturned through local bans, Allbee said it’s not that simple.
“It would take quite a legislative change to basically dissolve this work because it is already established in law and there is a huge interest in it,” Allbee said. “As people learn more about psilocybin and its potential benefits, and as we build trust with communities and really demonstrate that we can do this safely and effectively, I think that the interest will increase more and more.”
