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.*

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