The Philomath City Council continued its review of psilocybin regulation options during its regular monthly meeting Tuesday and approved two draft ordinances — one to impose reasonable time, place and manner regulations on an operation and the other that declares a ban with the issue to be referred to voters.
Councilors offered a range of viewpoints over a one-hour discussion with much of the emphasis on the operating hours of such a facility and further restricting location options to include within 1,000 feet of a library or park in addition to schools and within residences.
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Neither vote on the ordinances was unanimous — the time, place and manner regulations passing 4-1 and the ban and referral to voters passing 3-2. (Mayor Chas Jones was absent and the other seat is vacant). Because they were not unanimous, the ordinances will go to a second reading and vote.
The public will be able to get a good look at them both during an open house that has been scheduled for 7 p.m. Thursday, Nov. 21, at Philomath City Hall.
According to the Oregon Health Authority, which is in charge of regulating psilocybin products and services, research suggests that treatments may help address depression, anxiety, trauma and addiction. Studies have also found it can increase spiritual well-being.
Oregon voters in 2020 approved Measure 109, a ballot initiative that made Oregon the first state in the nation to legalize the use of the psychedelic drug. It directed OHA to create a framework to regulate and issue licenses for manufacturing, testing, sales and use in supervised settings.
Diane Crocker has been the most vocal councilor expressing opposition to psilocybin coming into Philomath, including her strong doubts that training requirements are thorough enough for state-licensed facilitators.
During a conversation on operating hours — the draft ordinance showed a closing time of no later than 10 p.m. — Crocker said she feared that people could be released from treatment while still tripping on mushrooms.
“I think each individual would experience a psychedelic trip in a different manner and some might take four hours and some might take two days,” Crocker said. “So for us to say, ‘Um, it’s 10 o’clock, you’ve got to leave — I know you’re having a rough time right now but head on out.’ That doesn’t seem reasonable unless they do the dosing so that it’s such a small dose that they won’t have the full-on trip. But the cost of this is so high that I can’t imagine somebody not wanting the full experience.”
Councilor Jessica Andrade said she felt that the authorities will have safeguards in place. Police Chief Dave Gurski said during a previous meeting that he would not anticipate any public safety impacts, a point brought up by Councilor Christopher McMorran.
“As long as the rules are followed,” Councilor Ruth Causey said in response.
“To clarify then, what you’re saying is that you think these centers would not follow the rules and would blatantly let people out on the streets under the influence?” McMorran asked.
Countered Causey, “No, that’s not what I’m saying but I don’t think a center can hold someone there any more than the hospital can hold a patient there. You have the right to leave.”
Councilor Teresa Nielson interjected and said Gurski had confirmed that people could leave such facilities whenever they wanted and could not be held against their will despite any advice.
“I would like to see the location of the center be as such that if someone were to leave, they’d have a little bit of distance between them and where they could encounter children or young families and having that distance of 1,000 feet or whatever maybe just gives us a little bit of cushion if there is a need for police to arrive or if there’s a need for medical attention,” Nielsen said.
McMorran said he believes there just needs to be consistency with whatever is decided in the end.
“Honestly, I think all of this is a moot point,” McMorran said. “I don’t think anyone’s going to open a psilocybin service center in Philomath — but here we are.”
Crocker said there are only 25 psilocybin centers in the entire state.
Andrade brought up a point during the discussion about the dangers of alcohol and how the city has no time, place and manner restrictions on liquor stores or bars.
“My point is alcohol is way more available, it’s way easier to get it and we don’t have any restrictions on that and people drunk drive all the time and people get hurt and it sucks — it shouldn’t happen,” said Andrade while commenting that she feels parks and libraries do not need to be added to restricted zones. “This feels like a really silly conversation, to be honest, because we have something (alcohol) that is way more addictive and causes way more harm and death and we’re treating psilocybin like it’s everywhere and everybody’s addicted.”
McMorran said he has wrestled with both sides of the issue.
“I personally don’t really think we need psilocybin in Philomath necessarily but I am a big believer that if the voters say they do, we have to follow through with that and allow it to happen,” he said.
Those types of interactions are just a few examples of the points that the five councilors made and the direction that some of the conversations followed over the course of the evening.
Up next will be the open house event on Nov. 21 to be followed by votes on second readings of the ordinances at a Nov. 25 meeting.
