2021 Oregon Revised Statutes
Chapter 475A - Psilocybin Regulation
Section 475A.250 - Grounds for refusing to issue license or issuing restricted license.


(2) The authority may refuse to issue a license or may issue a restricted license to an applicant under the provisions of ORS 475A.210 to 475A.722 if the authority makes a finding that the applicant:
(a) Has not completed any education or training required by the provisions of ORS 475A.210 to 475A.722 or rules adopted under ORS 475A.210 to 475A.722.
(b) Has not passed any examination required by the provisions of ORS 475A.210 to 475A.722 or rules adopted under ORS 475A.210 to 475A.722.
(c) Is in the habit of using alcoholic beverages, habit-forming drugs, or controlled substances to excess.
(d) Has made false statements to the authority.
(e) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed.
(f) Has been convicted of violating a federal law, state law or local ordinance if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license.
(g) Is not of good repute and moral character.
(h) Does not have a good record of compliance with ORS 475A.210 to 475A.722 or any rule adopted under ORS 475A.210 to 475A.722.
(i) Is not the legitimate owner of the premises proposed to be licensed, or has not disclosed that other persons have ownership interests in the premises proposed to be licensed.
(j) Has not demonstrated financial responsibility sufficient to adequately meet the requirements of the premises proposed to be licensed.
(k) Is unable to understand the laws of this state relating to psilocybin products, psilocybin services, or the rules adopted under ORS 475A.210 to 475A.722.
(3) Notwithstanding subsection (2)(f) of this section, in determining whether to issue a license or a restricted license to an applicant, the authority may not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent or other representative of the applicant for:
(a) The manufacture of psilocybin or the manufacture of a marijuana item, as defined in ORS 475C.009, if:
(A) The date of the conviction is two or more years before the date of the application; and
(B) The person has not been convicted more than once for the manufacture of psilocybin or a marijuana item; or
(b) The possession of a controlled substance, as defined in ORS 475.005, or a marijuana item, as defined in ORS 475C.009, if:
(A) The date of the conviction is two or more years before the date of the application; or
(B) The person has not been convicted more than once for the possession of a controlled substance or a marijuana item. [2021 c.1 ยง15]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources

Chapter 475A - Psilocybin Regulation

Section 475A.200 - Legislative findings.

Section 475A.205 - Purposes of ORS 475A.200 to 475A.722.

Section 475A.215 - Construction of ORS 475A.210 to 475A.722.

Section 475A.220 - Definitions for ORS 475A.210 to 475A.722.

Section 475A.225 - Members of Oregon Psilocybin Advisory Board; terms; meetings; compensation; rules.

Section 475A.230 - Duties of Oregon Psilocybin Advisory Board.

Section 475A.235 - General powers and duties; rules.

Section 475A.243 - Powers related to decedents and insolvent or bankrupt persons.

Section 475A.245 - Application process for all licensees; rules.

Section 475A.250 - Grounds for refusing to issue license or issuing restricted license.

Section 475A.255 - Authority to require fingerprints of applicants and other individuals.

Section 475A.260 - Properties of license.

Section 475A.265 - Duties of Oregon Health Authority with respect to issuing licenses.

Section 475A.270 - Duty to request land use compatibility statement.

Section 475A.275 - Lawful manufacture, delivery and possession of psilocybin products.

Section 475A.280 - Restriction on financial interests in multiple licensees.

Section 475A.285 - Authority to hold multiple licenses.

Section 475A.290 - Manufacturer license; fees; rules.

Section 475A.295 - Psilocybin product manufacturers; endorsements; rules.

Section 475A.305 - Psilocybin service center operator license; fees; rules.

Section 475A.310 - Proximity of psilocybin service center to school.

Section 475A.325 - Psilocybin service facilitator license; fees; rules.

Section 475A.330 - Examination.

Section 475A.340 - Psilocybin services; rules.

Section 475A.345 - Preparation session.

Section 475A.350 - Client information form.

Section 475A.355 - Administration session.

Section 475A.360 - Integration session.

Section 475A.365 - Use of client information form in prosecution; reliance on client information form; exception from liability.

Section 475A.370 - Right to terminate or refuse to provide services; exception.

Section 475A.375 - Powers and duties relating to psilocybin service facilitators.

Section 475A.380 - Minimum standards of education and training for psilocybin service facilitators; rules.

Section 475A.385 - Authority to inspect books and premises; notice.

Section 475A.400 - Use of tracking system for psilocybin products; distribution of moneys.

Section 475A.415 - Authority to require financial disclosure from licensee.

Section 475A.420 - Authority to investigate, discipline licensees.

Section 475A.425 - Authority to investigate, discipline permit holder.

Section 475A.435 - Restrictions on delivery or receipt; waiver by authority.

Section 475A.445 - Identification requirement; rules.

Section 475A.450 - Confidentiality of client communications, information; exceptions.

Section 475A.455 - Prohibition against psilocybin service facilitator consuming psilocybin product.

Section 475A.460 - Prohibition against employing persons under 21 years of age.

Section 475A.465 - Prohibition against obfuscating mark or label or using mark or label to deceive.

Section 475A.468 - Requirement that psilocybin products comply with minimum standards.

Section 475A.471 - Other prohibitions.

Section 475A.477 - Grounds for revocation, suspension or restriction of license.

Section 475A.480 - Permit required to perform work for or on behalf of licensee.

Section 475A.483 - Issuing, renewing permits; fees; rules.

Section 475A.489 - Whistleblower protection for employees.

Section 475A.495 - Prohibition against person under 21 years of age entering premises; penalty.

Section 475A.498 - Use of psilocybin product allowed only at service center and only under facilitator supervision.

Section 475A.501 - Prohibition against producing identification that falsely indicates age; protections for reliance on identification.

Section 475A.504 - Prohibition regarding person who is visibly intoxicated; penalty.

Section 475A.507 - Prohibition against giving psilocybin product as prize; penalty.

Section 475A.521 - Penalty for violation of rule adopted under ORS 475A.235.

Section 475A.530 - Local time, place and manner regulations.

Section 475A.534 - Local tax or fee; referral to electors for approval.

Section 475A.538 - Repeal of city, county ordinance that prohibits certain establishments.

Section 475A.554 - Prohibition against refusing to perform duties on basis that certain conduct is prohibited by federal law.

Section 475A.570 - Psilocybin-producing fungi as crop; exceptions to permitted uses.

Section 475A.574 - Regulation of psilocybin products as food or other commodity subject to regulation by State Department of Agriculture.

Section 475A.582 - Oregon Health Authority hotline for verification of license.

Section 475A.586 - Certain information related to licensure exempt from disclosure.

Section 475A.590 - Testing standards and processes; rules.

Section 475A.594 - Laboratory licensure; qualifications; fees; rules.

Section 475A.598 - Authority to require fingerprints of applicants and other individuals.

Section 475A.602 - Statement of applicant for license under ORS 475A.594.

Section 475A.606 - Laboratory accreditation; qualifications; fees.

Section 475A.614 - Authority of Oregon Health Authority over certain persons, license actions.

Section 475A.618 - Civil penalty for violating ORS 475A.590 to 475A.622.

Section 475A.626 - Labeling requirements; rules.

Section 475A.630 - Authority to require preapproval of labels; fees.

Section 475A.634 - Packaging requirements; rules.

Section 475A.638 - Authority to require preapproval of packaging; fees.

Section 475A.642 - Concentration and servings limits; rules.

Section 475A.654 - Civil penalty for violating ORS 475A.626 to 475A.654.

Section 475A.658 - Definitions for ORS 475A.658 to 475A.714.

Section 475A.662 - Imposition of tax on retail sale of psilocybin products.

Section 475A.666 - Collection of tax; refund; credit; penalties.

Section 475A.670 - Psilocybin revenue estimate.

Section 475A.674 - Enforcement; liability; notice of liability; notices of determination and assessment.

Section 475A.678 - Duty to keep receipts, invoices and other records.

Section 475A.682 - Authority to require production of books, papers, accounts and other information.

Section 475A.686 - Disclosure of information.

Section 475A.694 - Duty to return excess tax collected.

Section 475A.702 - Duties and powers of Department of Revenue; rules; interagency cooperation.

Section 475A.710 - Oregon Psilocybin Account.

Section 475A.714 - Suspense account; payment of expenses; crediting balance to Oregon Psilocybin Account.

Section 475A.718 - Adoption of ordinances; referral to electors for approval.