Oregon Measure 109, Psilocybin Mushroom Services Program Initiative (2020)

Oregon Measure 109
Election date November 3, 2020
Topic Drug crime policy
Status a Approved
Type State statute	Origin Citizens
List of Oregon measuresOregon Measure 107Oregon Measure 108Oregon Measure 109Oregon Measure 110Submit

Oregon Measure 109, the Psilocybin Program Initiative was on the ballot in Oregon as an initiated state statute on November 3, 2020. It was approved.

A "yes" vote supported authorizing the Oregon Health Authority (OHA) to create a program to permit licensed service providers to administer psilocybin-producing mushroom and fungi products to individuals 21 years of age or older.

A "no" vote opposed the creation of a psilocybin program, thus maintaining the state prohibition against the possession, manufacturing, and consumption of psilocybin.

Proponents referred to the measure as the Psilocybin Services Act.

Election results

Oregon Measure 109
Result		Votes	Percentage
Yes		1,270,057	55.75%
No		1,008,199	44.25%

Results are officially certified.

Source

Overview

How did Measure 109 change psilocybin laws in Oregon?

See also: Measure design

Measure 109 created a program for administering psilocybin products, such as psilocybin-producing mushrooms and fungi, to individuals aged 21 years or older. As of 2020, the manufacturing and consumption of psilocybin was illegal under both federal law and state law.

Under Measure 109, the Oregon Health Authority (OHA) will be responsible for establishing the program and creating regulations. OHA has a two-year period to develop the program. An Oregon Psilocybin Advisory Board (OPAB) advise the OHA. Clients would be allowed to purchase, possess, and consume psilocybin at a psilocybin service center and under the supervision of a psilocybin service facilitator after undergoing a preparation session. Under Measure 109, the Oregon Health Authority (OHA) determines who is eligible to be licensed as a facilitator, determine what qualifications, education, training, and exams are needed, and create a code of professional conduct for facilitators. OHA would set psilocybin dosage standards and labeling and packaging rules.

Measure 109 allowed cities and counties to place referendums on local ballots to prohibit or allow psilocybin-product manufacturers or psilocybin service centers in unincorporated areas within their jurisdictions. The measure prohibited psilocybin service centers within the limits of an incorporated city or town.

What is psilocybin?

See also:Text of measure and Clinical research on medical uses of psilocybin

The initiative defined psilocybin products as "psilocybin-producing fungi and mixtures or substances containing a detectable amount of psilocybin."

According to the Drug Enforcement Administration (DEA), psilocybin is a "hallucinogenic chemical obtained from certain types of fresh and dried mushrooms." The mushrooms containing psilocybin are also known as magic mushrooms, hallucinogenic mushrooms, or shrooms. As of 2020, psilocybin was classified as a Schedule I drug by the DEA. According to the Controlled Substance Act passed in 1971, Schedule I drugs are not approved for medical use and have a high potential for abuse and dependence. Drug Policy Alliance, a 501(c)(3) nonprofit organization that actively promotes drug policy reform legislation, said that psilocybin is not addictive because "the human body quickly builds tolerance to psilocybin, such that people require much higher doses after only a few days of repeated use, making it extremely difficult to have any effect after more than four days of repeated usage."

In 2019, the FDA designated psilocybin therapy as a breakthrough therapy for two clinical trials being facilitated by Compass Pathways and Usona Institute studying the effects of psilocybin on severe depression and major depressive disorder. The designation is meant to "expedite the development and review of drugs that are intended to treat a serious condition."

Who is behind the campaigns surrounding the initiative?

The Oregon Psilocybin Society (OPS) led the Yes on 109 campaign. The OPS was founded in 2016 by Portland psychotherapists Tom and Sheri Eckert to "raise awareness about the safety and benefits of controlled 'Psilocybin Services.'" The Oregon Psilocybin Society said, "A growing body of evidence demonstrates that psilocybin-assisted therapy is safe and uniquely effective. We think that this novel approach could help alleviate the mental health crisis here in Oregon by addressing costly epidemics like suicide, treatment-resistant depression and anxiety, PTSD, and addiction to drugs, alcohol, and nicotine."

There were two ballot measure committees—PSI 2020 and Yes for Psilocybin Therapy—registered in support of Measure 109. The committees reported receiving a total of $5.3 million in cash and in-kind contributions. The largest contributor was the New Approach PAC with over $3.5 million in contributions. It is a 527 nonprofit organization that supports progressive initiatives, especially initiatives that seek to legalize medical and recreational marijuana.

Ballotpedia did not identify any committees or organizations that opposed the ballot initiative.

Have other states or localities legalized or decriminalized psilocybin?

See also: Related measures

Oregon was the first state to legalize the use of psilocybin products through the OHA program. Measure 109 prohibited the possession, manufacturing, and consumption of psilocybin outside of service centers. Oregon voters approved Measure 110 in November that made personal/non-commercial possession of a controlled substance, including psilocybin, no more than a Class E violation with a maximum penalty of a $100 fine or a completed health assessment.

Denver, Colorado, approved Initiated Ordinance 301 in 2019 with 50.64% of the vote. The ordinance made the adult possession and use of psilocybin mushrooms the lowest law enforcement priority in Denver and prohibited the city from spending resources on enforcing related penalties.

Washington, D.C., voters decided an initiative in November 2020 to declare that police treat the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi as among the lowest law enforcement priorities.

Three other cities—Oakland, Santa Cruz, and Ann Arbor—have also decriminalized psilocybin through local ordinances.

Initiative design

See also: Text of measure

Click on the arrows (▼) below for summaries of the different provisions of Oregon Measure 109.

Clients of psilocybin services: Who can receive psilocybin services

Measure 109 amended state law to require the Oregon Health Authority (OHA) to establish the Oregon Psilocybin Services Program. The program would be available to individuals 21 years of age or older. The initiative authorized the OHA not to require a client to be diagnosed with or have any particular medical condition to receive psilocybin services. Measure 109 authorized the OHA to establish procedures, such as an age verification scanner, to verify a person's age before selling psilocybin products. The OHA is required to issue a client information form to be completed and signed before the client receives psilocybin services.

Psilocybin services program: What the various sessions of the program are

Psilocybin services are defined by the initiative text as "services provided to a client before, during, and after the client’s consumption of a psilocybin product, including a preparation session, an administration session, and an integration session." The initiative also defines psilocybin products as psilocybin-producing fungi and mixtures or substances containing a detectable amount of psilocybin.

Measure 109 requires that eligible clients participate in a preparation session before consuming psilocybin. Preparation sessions are held between the client and the psilocybin service facilitator but are not required to be held at the psilocybin service center. The OHA is responsible for developing guidelines about holding and verifying the completion of a preparation session. After completion of a preparation session, clients attend the administration session at the psilocybin service center where they consume the psilocybin product under the supervision of the service facilitator. The OHA is also responsible for determining the requirements and guidelines for administration sessions. Lastly, clients are offered an integration session following administration, but the client is not required to have one. Integration sessions also do not need to be held at service centers. If one is completed, facilitators would be required to verify the completion of an integration session in the manner determined by the OHA.

Psilocybin service centers, facilitators, and manufacturers: Who manufactures and administers psilocybin services and where

Measure 109 defined psilocybin service centers as annually licensed establishments where the administration of psilocybin services occurs. It is not classified as a healthcare facility. To apply for a service center operator license, applicants must be over 21 years of age and provide proof of Oregon residence for the last two years. Applicants may hold multiple operator licenses for different centers or a manufacturer license and operator license for the same or different centers. Measure 109 required that service centers not be located within the limits of an incorporated city or town, on property zoned for residential use, and within 1,000 feet of a public or private elementary or secondary school with certain exceptions. The OHA is responsible for issuing safety standards and best practices for the service centers.

Measure 109 defined psilocybin service facilitators as licensed professionals who administer psilocybin to clients. The OHA is responsible for establishing a code of professional conduct, determining the required training and education, and creating an examination the facilitators must pass. Facilitator applicants must be 21 years of age or older, have a high school diploma or GED, prove Oregon residency for two or more years, and meet any other qualifications established by the OHA. Measure 109 prohibited the OHA from requiring facilitators to have a degree from a post-secondary institution or college. Facilitators must renew their licenses annually and may operate at any licensed psilocybin service center.

Measure 109 provided for the licensing of psilocybin product manufacturers. The annual license is issued for the premises where the products are produced. Licensed manufacturers must be 21 years of age or older and prove Oregon residency for two or more years, and meet any requirements passed by the OHA. If the manufacturer is not the owner of the property where the psilocybin is being produced, the owner of the property must provide a signed informed consent form to the OHA. The type of psilocybin production used by the licensed manufacturer must be approved by the OHA, which is also required to adopt rules regarding the number of psilocybin products on the premises. Licensing fees established by the OHA for service centers, facilitators, and manufacturers are required to be deposited to the Psilocybin Control and Regulation Fund.

Oregon Psilocybin Advisory Board: Who would serve on the board and what the board is responsible for

An Oregon Psilocybin Advisory Board was established within the OHA. It consisted of 14 to 16 members appointed by the governor to serve four-year terms. Measure 109 required the following types of board members:

• the Oregon Public Health Director or their designee,
• a designee of the Oregon Health Policy Board,
• any four of the following:
  • a state employee with expertise in public health,
  • a local health officer,
  • a member or representative of a federally recognized Indian tribe in the state,
  • a member or representative of the Addictions and Mental Health Planning and Advisory Council within the OHA,
  • a member or representative of the Health Equity Policy Committee within the OHA,
  • a member or representative of the Palliative Care and Quality of Life Interdisciplinary Advisory Council within the OHA, or
  • a representative of individuals who provide public health services,
• a licensed psychologist with experience in treating a mental, emotional, or behavioral condition,
• a licensed physician,
• a licensed naturopathic physician,
• an academic with a background in public health,
• any three of the following:
  • a researcher with experience in the use of psychedelic compounds in clinical therapy,
  • a person with experience in mycology (the study of fungus),
  • a person with experience in ethnobotany (the study of a region's plants),
  • a person with experience in psychopharmacology (the study of the effects of drugs on mental states), or
  • a person with experience in psilocybin harm reduction,
• a representative of the Oregon Liquor Control Commission,
• a representative of the Oregon Department of Justice,
• a chief petitioner of Measure 109, and
• one or two at-large members of the initiative committee.

The board is responsible for advising the Oregon Health Authority on guidelines and requirements for the Oregon Psilocybin Services Program as well as packaging, labeling, and dosage rules. One board member would be elected by the board to serve as its chairperson. Measure 109 authorized the board to develop rules for its governance and provides for compensation to board members.

Psilocybin services tax and revenue: How much would the tax be and where would the revenue be allocated

Measure 109 imposed a 15% sales tax on psilocybin products purchased and consumed at psilocybin service centers. The measure allowed the OHA to review the rate regularly and recommend adjustments if they see fit. The measure also prohibited additional taxes on psilocybin services by local governments.

Measure 109 required that 30 days before each calendar quarter the Oregon Department of Administrative Services to estimate the expected revenue for the current two year period and the next three biennia. The initiative permitted the psilocybin services operator to retain 2% of the taxes collected to cover the expenses incurred from collecting the tax. The tax revenue is required to be deposited into the Oregon Psilocybin Account after the Department of Revenue deducts any administrative expenses incurred from enforcing the tax. The measure required that the revenue in the Oregon Psilocybin Account be transferred quarterly to the Psilocybin Control and Regulation Fund for the use of the OHA to enforce the provisions of the initiative, including regulating psilocybin services and compensating the Oregon Psilocybin Advisory Board. It would be separate from the General Fund. Interest earned on the deposited money is required to be credited to the psilocybin fund.

Measure 109 does not require government medical assistance programs or private health insurance to cover the costs of psilocybin services.

Violations and penalties: What are the penalties for violating the initiative's provisions

The following are the legal penalties for violating the initiative's provisions:

Violation	Charge
For persons under the age of 21 who enter any part of a property used for psilocybin services	• Violation: Class B violation with a fine of $265
For persons under the age of 21 who falsify documents to consume psilocybin	• Violation: Class A misdemeanor with a maximum penalty of $6,250 fine and/or one year in jail
For persons that sell or administer psilocybin products to a visibly intoxicated person	• Violation: Class A misdemeanor with a maximum penalty of $6,250 fine and/or one year in jail
For persons that give away psilocybin as a prize or reward	• Violation: Class A violation with a $440 fine

Measure 109 prohibited persons under the age of 21, who need medical assistance after consuming psilocybin or contact emergency medical services or law enforcement to aid another person needing medical assistance after consuming psilocybin, from being prosecuted.

Local control: What authority do local governments have in regulating psilocybin services

Measure 109 preempted any local charter amendment or ordinance inconsistent with the provisions of the ordinance. Measure 109 allowed local jurisdictions to approve reasonable regulations, including:

• conditions under which a licensed psilocybin product manufacturer may manufacture psilocybin products;
• conditions under which a licensed psilocybin service center operator may provide psilocybin services;
• limitations on the hours during which a licensed premise may operate;
• limitations to the public’s access to a licensed premise; and
• limitations on where a licensed premise may be located within the jurisdiction.

Local jurisdictions are not allowed to tax psilocybin services.

Program development timeline: What is the timeline to develop and implement the initiative

Measure 109 states that the initiative is effective 30 days after it is approved by a majority of voters. The Oregon Psilocybin Services Program has a two-year development period where the OHA is responsible for publishing research on psilocybin and its effect on mental health and developing rules and guidelines for the manufacturing, sale, and consumption of psilocybin. The initiative also states that the operative date for excluding psilocybin products used according to the Oregon Psilocybin Services Program from the definition of controlled substances under state law was January 1, 2021.

Text of measure

Ballot title

The certified ballot title for Measure 109 was:

“

Allows manufacture, delivery, administration of psilocybin at supervised, licensed facilities; imposes two-year development period Result of 'Yes' Vote: Allows manufacture, delivery, administration of psilocybin (psychoactive mushroom) at supervised, licensed facilities; imposes two-year development period. Creates enforcement/taxation system, advisory board, administration fund. Result of 'No' Vote: 'No' vote retains current law, which prohibits manufacture, delivery, and possession of psilocybin and imposes misdemeanor or felony criminal penalties.

”

Ballot summary

The certified ballot summary for Measure 109 was:

“

Currently, federal and state laws prohibit the manufacture, delivery, and possession of psilocybin (psychoactive mushroom). Initiative amends state law to require Oregon Health Authority (OHA) to establish Oregon Psilocybin Services Program to allow licensed/regulated production, processing, delivery, possession of psilocybin exclusively for the administration of 'psilocybin services' (defined) by licensed 'facilitator' (defined) to 'qualified client' (defined). Grants OHA authority to implement, administer, and enforce the program. Imposes two year development period before implementation of the program. Establishes fund for program administration and governor-appointed advisory board that must initially include one measure sponsor; members are compensated. Imposes packaging, labeling, and dosage requirements. Requires sales tax for retail psilocybin. Preempts local laws inconsistent with program except 'reasonable regulations' (defined). Exempts licensed/regulated activities from criminal penalties. Other provisions.

”

Full text

The full text of Measure 109 can be read below:

Fiscal impact statement

The fiscal impact statement was as follows:

“

This measure legalizes, regulates and taxes the manufacture, sale, and administration of psilocybin for mental health purposes. State revenue and expenditures will be impacted by passage of this measure. Local government expenditures will be impacted. A fifteen percent point of sales tax based on the retail sales of psilocybin is established as a source of funding for administrating the program by the Oregon Health Authority, tax collection and enforcement by the Oregon Department of Revenue, and administration by the Oregon Liquor Control Commission of a psilocybin tracking system. The measure requires the Oregon Health Authority (OHA) to develop, over a two year period, beginning January 1, 2021, a regulation, licensure, and enforcement program, including fees and fines. The revenue estimate from fees and taxes when fully implemented is indeterminate. The financial impact during the two-year development period, which runs through December of 2022, is estimated to be $5.4 million General Fund to begin activities required under the Act. Once the program is established, ongoing costs are estimated at $3.1 million annually, which will be covered by the fees and tax funds for the administration and enforcement of the Act. The development cost estimate is based on the cost of developing the medical marijuana program following the passage of Measure 67 in 1998. The financial effect on local government for conducting required land use compatibility assessments for licensee applicants and adoption of any pertinent ordinances is indeterminate.

”

Explanatory statement

The explanatory statement was as follows:

Measure 109 Explanatory Statement Ballot Measure 109 directs the Oregon Health Authority to regulate the manufacture, delivery, purchase, and consumption of psilocybin, a psychoactive component found in certain mushrooms, at licensed psilocybin service centers. A person would be allowed to purchase, possess, consume, and experience the effects of psilocybin only at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator. The measure also directs the OHA to issue, renew, and revoke licenses in compliance with the measure. The measure establishes the Oregon Psilocybin Advisory Board to advise and make recommendations to the OHA regarding psilocybin, including recommendations regarding the requirements, specifications, and guidelines for providing psilocybin services to clients, public health and safety standards, industry best practices, education and training. Currently psilocybin is a Schedule I drug, a substance having no currently acceptable medical use within the US. However, the FDA has granted psilocybin a breakthrough therapy designation for treatment resistant depression and major depressive disorder under the direction of physicians and scientists. The measure provides for an initial two-year development period during which the OHA will not issue any licenses. During the two-year development period, the Advisory Board also will submit findings and recommendations to the OHA regarding the safety and efficacy of using psilocybin to treat mental health conditions, which findings the OHA will examine, publish, and distribute publicly. During the two-year development period, existing law regarding the manufacture, delivery and possession of psilocybin will not be affected by the measure. After the two-year development period, the measure allows a client who is at least 21 years of age to purchase, possess, consume, and experience the effects of psilocybin at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator. The measure does not legalize the purchase, possession, and consumption of psilocybin outside of a licensed premises. The measure establishes licensure eligibility criteria and directs the OHA to establish education and training standards for psilocybin service facilitators, provided that a facilitator need not be a currently licensed physician. The measure requires that psilocybin products be tested in a licensed laboratory and packaged and labeled in compliance with specified requirements. The measure allows the OHA to discipline licensees for noncompliance with the provisions of the measure, and to take any action to prevent the diversion of psilocybin to an unlicensed person or entity. The measure requires the OHA to track the sale and transfer of psilocybin products through a state tracking system. The measure imposes a sales tax on the retail sale of psilocybin products at a rate of 15 percent of the retail sales price. The measure prohibits a local authority from establishing its own psilocybin licensing system or imposing additional psilocybin taxes or fees. Cities and counties may adopt ordinances to impose reasonable regulations on the operation of licensed establishments and may refer an ordinance to electors to prohibit or allow the establishment of licensed psilocybin facilities in the city or county.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure. The FKGL for the ballot title is grade level 17, and the FRE is -12. The word count for the ballot title is 68, and the estimated reading time is 18 seconds. The FKGL for the ballot summary is grade level 17, and the FRE is -6. The word count for the ballot summary is 128, and the estimated reading time is 34 seconds.

Support

The Oregon Psilocybin Society (OPS) led the Yes on 109 campaign. The Oregon Psilocybin Society was formed by Portland-area psychotherapists Thomas and Sheri Eckert.

Supporters

Officials

• U.S. Representative Earl Blumenauer (D)
• Oregon State Senator Michael Dembrow (D)
• Oregon State Senator Lew Frederick (D)
• Oregon State Senator Jeff Golden (D)
• Oregon State Senator Elizabeth Steiner Hayward (D)
• Oregon State Representative Chris Gorsek (D)
• Oregon State Representative Alissa Keny-Guyer (D)
• Portland City Commissioner Jo Ann Hardesty (Nonpartisan)

Candidates

• Jerry Allen (Democratic Party, Working Families Party) - Candidate for Oregon State Senate
• Miriam Cummins (Democratic Party, Working Families Party) - Candidate for Oregon House of Representatives
• Alberto Enriquez (Independent, Democratic Party) - Candidate for Oregon House of Representatives
• Dacia Grayber (D) - Candidate for Oregon House of Representatives
• Jim Hinsvark (Democratic Party, Pacific Green Party) - Candidate for Oregon State Senate
• Mary Middleton (Independent, Democratic Party) - Candidate for Oregon House of Representatives
• Hugh Palcic (Independent, Democratic Party) - Candidate for Oregon State Senate
• Ricki Ruiz (D) - Candidate for Oregon House of Representatives

Political Parties

• Democratic Party of Oregon
• Independent Party of Oregon
• Multnomah Democrats
• Washington County Democrats

Corporations

• Dr. Bronner's Magic Soaps

Unions

• American Federation of State, County and Municipal Employees
• Coalition of Oregon Professional Associations for Counseling and Therapy

Organizations

• ACLU of Oregon
• Black Resilience Fund
• Causa Oregon
• Heroic Hearts Project
• Law Enforcement Action Partnership
• Moms United to End the War on Drugs
• Northwest Progressive Institute
• Oregon Cannabis Association
• Oregon Counseling Association
• Students for Sensible Drug Policy
• Veterans of War

Arguments

• Oregon Psilocybin Society: "A growing body of evidence demonstrates that psilocybin-assisted therapy is safe and uniquely effective. We think that this novel approach could help alleviate the mental health crisis here in Oregon by addressing costly epidemics like suicide, treatment-resistant depression and anxiety, PTSD, and addiction to drugs, alcohol, and nicotine. Additionally, the measure would open doors for new research, create access to services for those interested in personal development, and reduce penalties for common possession of psilocybin."
• Dr. Adie Rae, an assistant scientist at Legacy Research Institute: "The evidence is clear: psilocybin therapy is a safe and effective intervention for people suffering from depression, anxiety, and trauma. Because the effectiveness of psilocybin therapy relies heavily on a trained therapist/facilitator, it is of utmost importance that Oregonians have access to this therapy within a thoughtfully regulated system. IP 34 achieves the goals of providing a safe and effective therapy within an appropriate regulatory context."
• Dr. Rachel Knox, chair for the Oregon Cannabis Commission: "l support this initiative as a doctor who believes that therapies should be evidence-based and backed by research, and psilocybin is a compound that has a demonstrated safety record. We need better mental health treatment options now more than ever, and this initiative has the right supervision and safeguards in place."
• U.S. Representative Earl Blumenauer (D): "Measure 109 will offer hope in the form of a breakthrough treatment option in Oregon: psilocybin therapy. Research at America’s top universities shows that psilocybin therapy can help people suffering from depression, anxiety, and addiction. Developed with therapeutic and mental health experts, Measure 109 brings this treatment to Oregon through a licensed, research-based system that supports and protects those in urgent need."
• David Bronner, the chief executive officer of Dr. Bronner's Magic Soaps: "Psychedelic-assisted therapy is life-saving medicine that the world needs now, especially highly traumatized populations like veterans, first responders and marginalized communities generally."

Campaign advertisements

The following videos were released by Yes on 109:

Title: "Yes On Measure 109 TV Ad: State Senator & Family Physician Elizabeth Steiner Hayward"

Title: "Mycologist Paul Stamets Supports Measure 109"

Opposition

Opponents

Political Parties

• Washington County Republican Party

Unions

• American Psychiatric Association
• Oregon Medical Association
• Oregon Psychiatric Physicians Association

Organizations

• American Academy of Child and Adolescent Psychiatry
• Decriminalize Nature Portland
• Oregon Council of Child and Adolescent Psychiatry

Arguments

• Dr. Saul Levin, chief executive officer of the American Psychiatric Association: "As medical experts in psychiatric care, we are concerned about determining medical treatment by ballot initiative. Such treatment should be evidence-based and determined solely by professional standards of care. Science does not yet indicate that psilocybin is a safe medical treatment for mental health conditions. While the FDA has granted psilocybin breakthrough therapy status, this does not establish the safety and efficacy of this treatment, it merely establishes the process by which to further study the treatment."
• Dr. Nicole Cirino, president of the Oregon Psychiatric Physician Association: "No chemical or medical treatment we use would ever be used to treat all the psychiatric conditions like they’re claiming. The disparity between the amount of data we have and the widespread publicity about the safety and effectiveness of this substance is what makes it unsafe." She added that Measure 109 "would set up Oregonians as really the guinea pigs to be receiving psilocybin treatment for psychological conditions with high rates of morbidity and mortality if treated quickly or left untreated."
• Oregon Psychiatric Physicians Association statement on Measure 109: "Psilocybin affects serotonin levels in the brain and induces hallucinations. It could interact adversely with prescribed medications, worsen a patient’s mental health condition, or encourage a person to stop their current treatment without medical advice. In essence, it will allow prescribing of a controlled substance with effects on the body and the brain to a practitioner with no medical training. ... Voters should consider the science and safety of psilocybin and vote no on Measure 109."
• Zave Forster from Decriminalize Nature Portland: "This initiative would create one more medical model which serves the privileged members in society and makes it harder for the most vulnerable people to heal. The cost and hard-to-access system being created by Measure 109 would make it very difficult for lower income people, indigenous communities, immigrants, undocumented people, people who cannot afford an ID, and non- English speaking populations to gain entry into the closed and privileged system being created by this measure. We are concerned about the implications of an elite group of beneficiaries putting a free medicine that grows naturally out of the ground behind a paywall."
• Executive Council of the Oregon Council of Child and Adolescent Psychiatrists: "We are concerned that the FDA approval process, which was developed specifically to protect the public from speculative drug treatments that are potentially dangerous, is being bypassed. The Phase 3 trials for psilocybin have not yet even started. We agree with our colleagues at the OPPA and APA: using ballot initiative to bypass professional standards and public safety measures is dangerous."

Other opinions

• Dr. Jeff Tarrant, a licensed psychologist, said, "[The first version of the initiative] provided for sweeping penalty reduction and decriminalization for psilocybin, whereas the new initiative, [Measure 109], criminalizes psilocybin possession outside of a therapy center. I strongly oppose this change as it is moving in the opposite direction of other progressive cities, such as Oakland and Denver that have recently decriminalized these same ethnobotanicals. In addition, the initiative, in its current form indicates that the legal use of Psilocybin will only be allowed at a service center, under a facilitator’s supervision. ... This is a significant course change and, if approved in its current form, could harm Oregonians."

Campaign finance

See also: Campaign finance requirements for Oregon ballot measures

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 30, 2020.

There were two ballot measure committees—PSI 2020 and Yes for Psilocybin Therapy—registered in support of Measure 109. The committees reported receiving a total of $5.3 million in cash and in-kind contributions. Ballotpedia did not identify any committees registered in opposition to the initiative.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$5,221,494.82	$119,631.69	$5,341,126.51	$5,213,633.91	$5,333,265.60
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Support

The following table includes contribution and expenditure totals for the committee in support of the ballot initiative.

Committees in support of Measure 109
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Yes for Psilocybin Therapy	$3,904,018.73	$6,070.00	$3,910,088.73	$3,899,103.51	$3,905,173.51
PSI 2020	$1,317,476.09	$113,561.69	$1,431,037.78	$1,314,530.40	$1,428,092.09
Total	$5,221,494.82	$119,631.69	$5,341,126.51	$5,213,633.91	$5,333,265.60

Top donors

The following is a list of the top donors that contributed in support of the initiative:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
New Approach PAC	$3,525,000.00	$0.00	$3,525,000.00
Austin Hearst	$300,000.00	$0.00	$300,000.00
Michael Cotton	$250,000.00	$0.00	$250,000.00
Adam Wiggins	$160,000.00	$0.00	$160,000.00
DKT Liberty Project	$150,000.00	$0.00	$150,000.00

Opposition

Ballotpedia did not identify any committees registered in opposition to the initiative.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2020 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the ballot measure. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.

Support

• Willamette Week Editorial Board: "Users of psilocybin describe the drug as psychologically healing. Therapists who've supervised trips say that just one to three sessions, which last roughly four to eight hours each, can help people resolve grief and trauma by escaping in an altered state, and break out of various patterns of thought that have kept them stuck. In other words, patients get outside of their mental habits and find relief from them. Clinical studies conducted at institutions like Johns Hopkins, Harvard and New York University determined that psilocybin helped patients cope with addiction, anxiety, depression and impending death from a terminal illness. In 2018, the U.S. Food and Drug Administration granted psilocybin a "breakthrough therapy designation" for treating major depressive disorder. ... Psilocybin won't cure all that ails Oregon, but it might help a few Oregonians. That's sufficient grounds to vote yes."
• Portland Mercury Editorial Board: "In short, this measure won’t be 'legalizing' psilocybin in the same way cannabis was legalized in Oregon in the 2014 election. The goal is to strictly regulate the drug, and make it available only to those who have been trained by the state to treat people who could benefit from it. In addition, patients will be screened for any potential risk factors before being administered psilocybin. As it’s the first program of its kind in the country, there will certainly be questions that need to be answered—such as the wisdom of tossing a brand new drug onto the very full regulatory plate of the OHA. However, the benefits that will be gained for those suffering from depression, anxiety, and substance abuse clearly outweigh the majority of concerns. Vote yes on Measure 109."
• The Corvallis Advocate Editorial Board: "Yes on Measure 109 – legalizes psilocybin therapy: We first acknowledge bad trips happen, and that the science isn’t complete yet. That all said, this measure requires patients be supervised at approved clinics while the psilocybin is active, and that they be screened beforehand. Proponents point to initially promising results using psilocybin to treat anxiety, depression and addiction. The Oregon Psychiatric Physicians Association and the American Psychiatric Association are against this measure. But, the current system for providing mental health care in Oregon has failed thousands. And, for something that’s been used in meditation by so many for so long, this seems like a fairly modest measure, most especially given the safeguards."
• Mail Tribune Editorial Board: "The measure would not decriminalize psilocybin, allow it to be used recreationally or permit sales to the general public. Instead, it would set up a system of licensed facilitators who would administer the drug therapeutically in a controlled setting. Patients would ingest the drug only at a licensed facility, and would not leave until the effects were gone. No one would be allowed to take the drug home or ingest it anywhere else. Participants would have to be 21 or older. Cities and counties would be permitted to impose regulations on the operation of licensed therapy establishments, and local governments could ask voters to prohibit facilities in their communities. ... We recommend a yes vote on Ballot Measure 109."

Opposition

• The Oregonian Editorial Board: "Measure 109 seeks to jump ahead of the science too quickly by making Oregon the first state in the country where adults can take the drug for any number of ailments at specially licensed centers under the guidance of a facilitator. Oregonians should follow the Oregon Psychiatric Physicians Association’s advice and vote 'no.'"
• The Bulletin Editorial Board: "Psilocybin is a Schedule I narcotic, and it has been decriminalized in a few places, but remains illegal except for medical research. While it’s very possible that psilocybin will become a valuable therapeutic tool in the future, we don’t see the advantage to Oregon being out in front of the rest of the nation. We hope the research continues, and that we see a similar measure on the ballot in a few years, but for now, we recommend a 'No' vote on Measure 109."

Polls

See also: 2020 ballot measure polls

Oregon Measure 109, Psilocybin Program Initiative (2020)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
DHM Research	47%	46%	7%	+/-4.9	618
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Descriptions of poll

• In January of 2019, DHM Research, which was hired by Oregon Psilocybin Society to conduct the poll, found that out of 618 participants 47 percent would approve, 46 percent would oppose, and 7 percent were unsure after seeing the ballot title.

Background

Clinical research on medical uses of psilocybin

The Mental Health Clinician is owned by the College of Psychiatric and Neurologic Pharmacists (CPNP).

Psilocybin is a tryptamine hallucinogen identified in over 100 species of mushrooms worldwide, according to a meta-analysis originally published in The Mental Health Clinician in 2017. The article's authors noted that psilocybin produces sensory alteration and serotonergic activity, which has led to clinical studies on the substance's neuropsychiatric effects.

Research on psilocybin's effects resurfaced after the Food and Drug Administration allowed for research on psychedelic agents in 1992. Clinical research has explored potential treatment effects of psilocybin on conditions such as depression, anxiety disorders, suicidality, obsessive-compulsive disorder, and addiction. The authors of the meta-analysis concluded that "it appears psilocybin may have some efficacy as an alternative agent to manage mental health conditions." They also stated that "there are multiple limitations to these studies. Many of them are small and are not able to be applied to larger populations. Additionally, because of the CSA Schedule I nature of psilocybin, it was administered under very controlled conditions."

In 2019, the FDA designated psilocybin therapy as breakthrough therapy for two clinical trials being facilitated by Compass Pathways and Usona Institute studying the effects of psilocybin on severe depression and major depressive disorder. The FDA defines the designation, breakthrough therapy, as "a process designed to expedite the development and review of drugs that are intended to treat a serious condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over available therapy on a clinically significant endpoint(s)."

Decriminalization of psilocybin in the United States

As of August 2020, three local jurisdictions had decriminalized psilocybin.

In May 2019, Denver voters were the first local jurisdiction to approve a ballot measure—Initiated Ordinance 301—to decriminalize the use of psilocybin. The group Decriminalize Denver led the petition effort to place Initiated Ordinance 30 on the ballot. The initiative made the adult possession and use of psilocybin mushrooms the lowest law enforcement priority in Denver and prohibiting the city from spending resources on enforcing related penalties. The measure was endorsed by the Denver Green Party and the Libertarian Party of Colorado.

In June 2019, the Oakland City Council voted unanimously to decriminalize psilocybin mushrooms, ayahuasca, iboga, and psychoactive cacti. The resolution ordered that city money not be used to "to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults."

In January 2020, the Santa Cruz City Council voted unanimously to make the adult possession and use of psychoactive plants and fungi the lowest law enforcement priority. The city ordinance decriminalized personal use, not commercial.

In September 2020, the Ann Arbor City Council voted unanimously to decriminalize psychedelics, such as psilocybin. The resolution made planting, cultivating, purchasing, transporting, distributing, or possessing psychedelic substances the lowest law enforcement priority.

Oregon Measure 110, Drug Decriminalization and Addiction Treatment Initiative (2020)

See also: Oregon Measure 110, Drug Decriminalization and Addiction Treatment Initiative (2020)

The Drug Decriminalization and Addiction Treatment Initiative was also on the November 2020 ballot in Oregon. The initiative made personal/non-commercial possession of a controlled substance no more than a Class E violation and establish a drug addiction treatment and recovery program funded in part by the state's marijuana tax revenue and state prison savings. The initiative was designed to decriminalize the use of psilocybin by changing the penalty from a Class A misdemeanor with a maximum penalty of one year in jail and a $6,250 fine to a Class E violation with a maximum penalty of $100.

Psilocybin related measures

Statewide

• California Psilocybin Mushroom Decriminalization Initiative (2018): The measure did not appear on the 2018 ballot in California because the campaign failed to collect the required number of valid signatures. The measure would have decriminalized the use, possession, cultivation, sale, and transportation of psilocybin for persons 21 years of age or older.

Local

• Washington, D.C., Initiative 81, Entheogenic Plants and Fungus Measure (2020): Initiative 81 was on the ballot in Washington, D.C. on November 3, 2020. Initiative 81 declared that police treat the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi as among the lowest law enforcement priorities in Washington D.C.
• Denver, Colorado, Initiated Ordinance 301, Psilocybin Mushroom Initiative (May 2019): Initiated Ordinance 301 was approved. It made the adult possession and use of psilocybin mushrooms the lowest law enforcement priority in Denver and prohibited the city from spending resources on enforcing related penalties.

Path to the ballot

See also: Laws governing the initiative process in Oregon

The state process

In Oregon, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the votes cast for governor in the most recent gubernatorial election. Signatures for Oregon initiatives must be submitted four months prior to the next regular general election. State law also requires paid signature gatherers to submit any signatures they gather every month.

Moreover, Oregon is one of several states that require a certain number of signatures to accompany an initiative petition application. The signatures of at least 1,000 electors are required to trigger a review by state officials, a period of public commentary, and the drafting of a ballot title. Prior to gathering these initial 1,000 signatures, petitioners must submit the text of the measure, a form disclosing their planned use of paid circulators, and a form designating up to three chief petitioners. The 1,000 preliminary signatures count toward the final total required.

The requirements to get an initiated state statute certified for the 2020 ballot:

• Signatures: 112,020 valid signatures were required.
• Deadline: The deadline to submit signatures was July 2, 2020.

In Oregon, signatures are verified using a random sample method. If a first round of signatures is submitted at least 165 days before an election and contains raw, unverified signatures at least equal to the minimum requirement, but verification shows that not enough of the submitted signatures are valid, additional signatures can be submitted prior to the final deadline.

Details about Measure 109

Initiative 34

• Thomas and Sheri Eckert filed this initiative (#34) on July 2, 2019. The proponents submitted 1,202 preliminary signatures on July 30, 2019, triggering the attorney general to draft the measure's ballot language. A certified ballot title was issued for the measure on September 5, 2019.
• The initiative was approved to start gathering signatures on September 26, 2019.
• As of April 19, 2020, petitioners reported collecting a total of 129,324 signatures.
• In an email to supporters on May 4, 2020, Sam Chapman, manager of the campaign, announced that it would be coordinating with the Yes on IP 44 campaign to collect signatures for both petitions. The Oregon Drug Decriminalization and Addiction Treatment Initiative (IP 44) would establish a drug addiction treatment and recovery program funded by the state's marijuana tax revenue and reclassify certain drug possession violations. In the email, Chapman said, "We at the IP 34 campaign strongly support them, as they support us. Both campaigns are working together. We are asking every supporter of IP 34 to download and sign the petition for IP 44 today."
• On May 22, 2020, the Yes on IP 34 campaign submitted 135,573 signatures to the Oregon Secretary of State.
• Of those 135,573 signatures, 106,908 (79%) were found to be valid by the Oregon Secretary of State.
• On June 29, the campaign submitted a final batch of 31,209 signatures, for a total of about 166,209 signatures. Of the 31,209 signatures submitted, the campaign needs 5,112 (16%) to be valid for the initiative to qualify for the ballot.
• On July 8, 2020, the Oregon Secretary of State completed the signature verification process verifying that 132,465 of the 160,963 signatures submitted were valid and certifying the initiative for the November ballot. The signature validity rate was 82.3 percent.

Cost of signature collection:
Sponsors of the measure hired 360 Campaign Consulting to collect signatures for the petition to qualify this measure for the ballot. A total of $988,738.71 was spent to collect the 112,020 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $8.83.

Initiative 12

• Thomas and Sheri Eckert filed an earlier version of this initiative, #12, on September 4, 2018. Version #12 was cleared for circulation on December 6, 2018. Proponents abandoned version #12 to pursue the revised version #34. Decriminalize Nature Portland (DNP) and the Mushroom PAC released a statement disapproving of the changes that proponents made to the original initiative. DNP and Mushroom PAC argued that the new initiative "is now worse for every single Oregonian from the standpoint of civil liberties and cognitive liberty. It is no longer a combined decriminalization/therapy effort that would have created the freedom for each free-thinking person to decide how to pursue this natural medicine in relation to their health—it is now a therapy-only effort that restricts decisions about freedom to the medical system, the Oregon Health Authority, and board representatives.” Proponents of the initiative released a statement saying the new version is stronger and "makes it impossible for pharma and big corporations to overrun this emerging space."

How to cast a vote

See also: Voting in Oregon

Click "Show" to learn more about voter registration, identification requirements, and poll times in Oregon.

How to cast a vote in Oregon

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times Oregon is an all-mail voting state. Each county provides privacy booths that voters can use to mark their ballot. Typically, voters can return their completed ballot at the same location. Registration requirements Check your voter registration status here. To register to vote in Oregon, one must be a resident of Oregon, a United States citizen, and at least 16 years old. Voters must be at least 18 years old by the day of the election in order to receive a ballot. Potential voters can register online or by mailing in a voter registration form to your county election office. The deadline to register is 21 days before the election. Automatic registration Oregon implemented automatic voter registration in 2016. For more information, click here. Online registration See also: Online voter registration Oregon has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Oregon does not allow same-day voter registration. Residency requirements To register to vote in Oregon, you must be a resident of the state. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Oregon does not require proof of citizenship for voter registration. Verifying your registration The Oregon Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Oregon is an all-mail voting state. When registering to vote, voters must provide their driver's license number or state ID card number. If voters can not provide this information, they can print and sign a online voter registration form and mail it to their county election office to complete their registration.

See also

2020 measures

• 2020 ballot measures
• Law enforcement on the ballot
• 2020 legislative sessions

Oregon

• Oregon ballot measures
• Oregon ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Full text
• Ballot title and summary letter
• Voter Guide

Support

• Yes on 109 campaign website
• Yes on 109 Facebook page
• Yes on 109 Twitter page
• Oregon Psilocybin Society YouTube channel

Opposition

Submit links to editor@ballotpedia.org.