Judge Says Oregon May Need to Change Psilocybin Law to Comply With Disability Rights
In the Oregon District Court lawsuit of 3 plaintiffs against the Oregon Health Authority (OHA) to allow disabled Oregonians who can’t travel to access licensed psilocybin centers the ability to obtain the treatment at home, the judge dismissed OHA’s request to dismiss the suit on Friday.
Psilocybin Access For Disabled Oregonians Lawsuit
Psilocybin is a Schedule I drug under the federal Controlled Substances Act with a narrow exception for specially registered research. Manufacturing, distribution, dispensing, and possession of psilocybin is prohibited by federal law outside the exception.
In 2020, Oregon adopted a law banning the distribution, dispensing, and possession of psilocybin but allowing the administration of psilocybin only under supervision in licensed treatment centers.
In the lawsuit, Jay Cusker, LMFT, Alison Grayson, Kathryn Kloos, ND, and Yolanda Suarez, DO vs. OHA and its director, the plaintiffs say difficulties accessing psilocybin is a violation of Title II of the Americans with Disabilities Act (ADA) as they unable to travel to and access psilocybin service centers due to their disabilities and hence cannot obtain psilocybin services legally.
United States District Judge Mustafa T. Kasubhai confirmed that providing physical access to the service is at issue.
The providers want the state to comply with the federal ADA so that their disabled clients will have the same physical access to services as those available to non-disabled people.
The OHA argued that a federal judge could not require them to allow the additional psilocybin service in exceptional cases when people cannot travel to treatment centers, as it would violate the Controlled Substances Act —a federal law —and expand what state law currently allows.
Judge Kasubhai said that altering the state law may be necessary to bring it into compliance with the Americans with Disabilities Act and found that the sought-after remedy wouldn’t require an expansion of Oregon’s limited legislation regarding psilocybin.
He stated that the OHA must make reasonable accommodations for home-based services necessary for people with disabilities to access services under the Psilocybin Service Act (PSA).
Judge Kasubhai stated that the remedy sought here relates to access and does not mandate a violation of the CSA and denied the state’s motion to dismiss the suit.