Chapter 5.45
PSILOCYBIN PROHIBITION
Sections:
5.45.010 Purpose.
The purpose of this chapter is to minimize any adverse public safety and public health impacts that may result from allowing psilocybin manufacturing facilities or psilocybin service centers in the City by prohibiting the establishment of certain State-registered and State-licensed psilocybin businesses within the City of Harrisburg and is intended to further the following objectives:
1. Prevent the distribution of psilocybin to persons under 21 years of age;
2. Prevent revenue from the sale of psilocybin from going to criminal enterprises, gangs, and cartels;
3. Prevent the diversion of psilocybin from this State to other states;
4. Prevent psilocybin activity that is legal under State law from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
5. Prevent violence and the use of firearms in the cultivation and distribution of psilocybin;
6. Prevent drugged driving and the exacerbation of other adverse public health consequences associated with the use of psilocybin. [Ord. 984 § 1, 2022.]
5.45.020 Definitions.
1. “Manufacture” means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.
2. “Psilocybin” means psilocybin or psilocin fungi or spores.
3. “Psilocybin products” means:
a. Psilocybin-producing fungi and their spores; and
b. Mixtures or substances containing a detectable amount of psilocybin.
4. “Psilocybin product manufacturer” means a person that manufactures psilocybin products in this State.
5. “Psilocybin service center” means a licensed establishment under regulations to be promulgated by the Oregon Health Authority:
a. At which administration sessions are held; and
b. At which other psilocybin services may be provided.
6. “Psilocybin services” means services provided to a person before, during, and after the person’s consumption of a psilocybin product, including:
a. A preparation session;
b. An administration session; and
c. An integration session. [Ord. 984 § 1, 2022.]
5.45.030 Ban declared.
As described in Section 128 of Measure 109 (approved Nov. 3, 2020), the City of Harrisburg hereby prohibits the establishment of psilocybin product manufacturer sites and psilocybin service centers in the area subject to the jurisdiction of the City. [Ord. 984 § 1, 2022.]
5.45.040 Referral.
This ordinance shall be referred to the electors of the City of Harrisburg at the next Statewide general election on November 8, 2022. [Ord. 984 § 1, 2022.]