Politics
Oregon Officials Seek To Dismiss Psilocybin Access Lawsuit From Homebound Patients
“Delay in enabling access can mean that patients who might have obtained relief from debilitating anxiety and depression will die in unrelieved suffering.”
By Jack Gorsline, Filter
A 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. The core of their complaint alleges that by restricting services to licensed centers and excluding those who are unable to travel, the state is violating the Americans with Disabilities Act (ADA).
The plaintiffs, a group of specialized psilocybin providers, filed a brief in a federal District Court in Oregon on October 10, opposing the state’s second attempt to have the case dismissed.
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.
“Plaintiff Facilitators have sufficiently alleged standing on their behalf and on the behalf of their disabled and dying clients,” said Kathryn Tucker of the National Psychedelics Association, one of the attorneys representing them.
She said the state’s position attempts to sidestep the requirement for ADA compliance in the operation of 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 enabling access can mean that patients who might have obtained relief from debilitating anxiety and depression will die in unrelieved suffering.”
The Psilocybin Services Act, which Oregon voters passed in 2020 to establish a legal, regulated framework for supervised psilocybin use, includes specific legislative findings and purpose statements that indicate an intent to serve populations like the terminally ill. The plaintiffs in the lawsuit contend that the current rules, which mandate service only at licensed centers, directly contradict this purpose.
The plaintiffs are seeking a court order to require the OHA to develop a process for home service as a reasonable accommodation, and to notify all licensed facilitators that such accommodations are permitted without fear of disciplinary action.
The ongoing litigation highlights the tension between the state’s groundbreaking regulatory framework and the federal Americans with Disabilities Act, which requires public entities to provide reasonable accommodations to ensure services are accessible to 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.
However, the OHA maintains that the current state law, as written, offers no legal pathway for psilocybin to be consumed outside of a licensed service center, and that accommodating home use would violate the statute. This stance leaves facilitators who wish to serve their homebound clients in a precarious position, risking the loss of their licenses or worse if they provide services outside the regulated centers.
Oregon Health Authority officials did not respond to Filter’s requests for comment.
Meanwhile, a key population of Oregonians that the Psilocybin Services Act was in part intended to help remain cut off from access. 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. The outcome could significantly broaden access to the state’s pioneering psilocybin program. It could also influence how other states design their own programs going forward.
“We hope the Court will deny this attempt to avoid review of the merits, move the case forward, and ensure access for disabled and dying Oregonians, who are among those who could benefit most from psilocybin services,” Tucker concluded.
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.
Photo courtesy of Wikimedia/Workman.
