More people in Oregon could eventually access legal psilocybin following a new federal court ruling in favor of plaintiffs who argued that the state’s first-in-the nation psilocybin law wrongfully prevents homebound patients from seeking care.
Four care providers—three licensed psilocybin facilitators and a physician specializing in advanced and terminal illnesses—sued the state about year ago, alleging that the state Psilocybin Services Act (PSA) discriminates against disabled individuals who can’t travel to designated service centers where the substance is administered.
The providers said they were told by the Oregon Health Authority (OHA) that there was no way to accommodate homebound patients under the state’s psilocybin law.
In an 12-page ruling issued late last month, District Judge Mustafa T. Kasubhai denied the state’s motion to dismiss the suit, opining that the plaintiffs have standing to bring the challenge and that a modification of the state’s psilocybin law to provide a reasonable accommodation to homebound patients under the federal Americans with Disabilities Act (ADA) would not violate principles of federalism.
“The Court agrees with Plaintiffs and finds that their requested remedy rests on physical access rather than use or distribution of a controlled substance in violation of state and federal laws,” the ruling says. “Plaintiffs do not ask the Court to order the provision of a controlled substance, as Defendants contend. Instead…Plaintiffs seek compliance with the ADA so that their disabled clients will have the same physical access to a service that is available to nondisabled individuals.”
Reached by email on Tuesday, plaintiffs’ attorney Kathryn Tucker, said she was pleased the court ruled in favor of the providers seeking to offer home psilocybin services.
“We are eager to ensure that homebound disabled and dying Oregonians can access psilocybin services, as they are among those most likely to benefit,” she wrote. “Opening access for these Oregonians will increase demand for psilocybin produced pursuant to the PSA as well as demand for services of facilitators, particularly those with expertise in providing care to disabled persons and those with advanced illness.”
“We hope to move this forward quickly now that the court has rejected the State’s effort to dismiss, recognizing that the ADA does apply to Oregon’s psilocybin program,” she added. “Because people with advancing illness may have little time left, delay in enabling access can mean that patients who might have obtained relief from debilitating anxiety and depression will die in unrelieved suffering.”
Notably, the new opinion, noted earlier by Psychedelic Week, does not order a specific remedy. It simply allows the underlying suit, Cusker v. Oregon Health Authority, to proceed toward a final decision.
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