247-22-000676-TA - Psilocybin Time, Place, and Manner (TPM) Text Amendments
Proposal Status
On January 4, 2023, the Board of County Commissioners adopted Ordinance Nos. 2022-014 and 2022-015 concerning psilocybin TPMs. The amendments will become effective 90 days later, on April 4, 2023. Final ordinances are linked at the bottom of this page.
Applicants wishing to submit applications or ask questions about psilocybin businesses should contact the Current Planning Division (planning@deschutes.org / 541-388-6560) to understand the requirements, fees, and process.
Please note that there are options for establishing psilocybin businesses in Deschutes County prior to the amendments becoming effective; please contact the Current Planning Division for details.
A public hearing with the Board of County Commissioners was held on Monday, November 21 from 3 to 5 p.m., and continued on November 30 at 6 p.m. The Board of County Commissioners deliberated on December 14.
The initial public hearing before the Planning Commission was held on Thursday, September 29, 2022 at 5:30 p.m. and was continued to October 13, 2022. On October 27, the Planning Commission conducted deliberations and created recommendations for the Board of County Commissioners. On November 8, Deschutes County electors overturned the psilocybin opt out measure.
Proposal Summary
The primary purpose of the amendments is to create time, place, and manner regulations concerning psilocybin manufacturing (as a farm use and as a processing use), service centers, and testing laboratories. A brief summary of the amendments are as follows:
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Deschutes County Code (DCC) 18.04.030: Adds new definitions for terms relating to psilocybin.
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DCC 18.65 Rural Service Center, 18.66 Terrebonne Rural Community, 18.67 Tumalo Rural Community, 18.74 Rural Commercial, 18.108 Sunriver Urban Unincorporated Community: Adds psilocybin service centers as a conditional use with site plan review
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DCC 18.113 Destination Resorts: Adds psilocybin service centers to uses allowed in destination resorts as a conditional use
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DCC 18.67 Tumalo Rural Community, 18.100 Rural Industrial: Adds psilocybin testing laboratories as a conditional use with site plan review
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DCC 18.116.380: Adds a new chapter creating time, place, and manner criteria for psilocybin manufacture as farm use; psilocybin manufacture as a processing use; psilocybin service centers.
Background
On November 3, 2020, Oregon voters approved Ballot Measure 109, the Psilocybin Program Initiative, which legalized psilocybin in Oregon subject to the criteria noted in the measure and subsequent rulemaking.
Measure 109 automatically opts cities and counties into the psilocybin program, which first underwent a two-year development period, and is slated to begin statewide on January 2, 2023. However, Measure 109 offers the option for cities and counties to opt out via a ballot measure in the next general election—in this case, November 8, 2022. The proposed amendments will proceed to adoption if the psilocybin opt out is overturned in the election.
Measure 109—and the corresponding Oregon Revised Statute 475A.530—allows cities and counties to adopt “reasonable regulations” for time, place, and manner (TPM) concerning psilocybin businesses. During deliberation the Board expressed interest in developing TPM amendments in the event voters reject prohibiting psilocybin manufacturing and psilocybin service centers in the unincorporated county. Amendments could be adopted by the end of the calendar year, prior to OHA accepting applications for licensure on January 2, 2023. On July 27, the Board directed staff to begin the TPM process.
