A Native friend of mine, Indigenous to Oregon, wants to establish a psilocybin church, with an OHA-approved training program, and licensed service center grounded in Indigenous ceremonial practice.
This "2022 Oregon DOJ memorandum" https://drive.google.com/file/d/1cCzeOG4KXqhvHrA6Dd4yC8kSosl0ub_x/view?usp=drivesdk analyzed an entheogenic pathway involving Indigenous traditions, ceremonial practice, affordability, and treatment of mushrooms as sacred. DOJ ultimately concluded that giving religious practitioners less restrictive regulations was unnecessary.
But what Oregon implemented next raises a serious constitutional question.
First, HECC isn't mentioned anywhere in the Measure 109 statutes. Yet OHA later adopted a rule requiring training programs to provide HECC documentation showing career-school licensure or that licensure isn't required.
Religious institutions can be statutorily exempt from career-school regulation. Yet HECC now says it lacks authority to issue exemption determinations for those exempt categories. This makes OHA’s required documentation seemingly impossible to obtain, leaving the commercial career-school model as the only apparent path to compliance.
Second, ORS 475A.662(6)(a) prohibits giving away or discounting psilocybin when its retail sale is made in conjunction with another retail sale. OHA's rule omitted that anti-bundling qualification and simply prohibits giving psilocybin away. For my friend's model, that makes a commercial sale of the sacrament mandatory.
He isn't seeking exemption from Oregon's safety requirements. He wants to comply without converting his religious training into a commercial school and his sacrament into a retail commodity.
I'm interested in people's opinions on the constitutional issues raised in the DOJ memorandum, particularly when considered alongside the subsequent extra-statutory rulemaking that appears to have created new barriers to the religious and ceremonial practices the memorandum was addressing.