Chapter 5.45
PROHIBITION OF PSILOCYBIN SERVICE CENTERS
Sections:
5.45.010 Title.
This chapter shall be known as the Prohibition of Psilocybin Service Centers. [Ord. 2022-003 § 1.]
5.45.020 Purpose and intent.
The purpose of this chapter is to prohibit the establishment of psilocybin service centers within the unincorporated areas of Josephine County. [Ord. 2022-003 § 1.]
5.45.030 Definitions.
“Administration session” means a session held at a psilocybin service center at which a client purchases, consumes, and experiences the effects of a psilocybin product under the supervision of a psilocybin service facilitator.
“County” means Josephine County.
“Integration session” means a meeting between a client and a psilocybin service facilitator that may occur after the client completes an administration session.
“Measure 109” means the Oregon Psilocybin Services Act, codified in ORS Chapter 475A.
“OHA” means the Oregon Health Authority.
“Preparation session” means a meeting between a client and a psilocybin service facilitator that must occur before the client participates in an administration session.
“Psilocybin” means psilocybin or psilocin, the naturally occurring psychedelic compound derived from certain species of fungi, commonly referred to as “magic mushrooms.”
“Psilocybin service centers” means an establishment licensed by OHA at which (1) a client purchases, consumes, and experiences the effects of a psilocybin product under the supervision of an OHA-licensed psilocybin service facilitator; and (2) other psilocybin services may be provided including preparation sessions, administration sessions, and integration sessions.
“Psilocybin service facilitator” means an individual that facilitates the provision of psilocybin services. [Ord. 2022-003 § 1.]
5.45.040 Authority.
The Board of County Commissioners of Josephine County recognizes, declares and establishes the authority to prohibit the operation of psilocybin service centers within its jurisdiction pursuant to ORS 475A.718(1)(b) (Authority of cities and counties to adopt ordinances prohibiting the establishment of psilocybin service centers). [Ord. 2022-003 § 1.]
5.45.050 Prohibition.
A. In accordance with ORS 475A.718, and subject to the vote of the electors at the November 8, 2022, general election, the establishment of psilocybin service centers is prohibited in Josephine County.
B. The text of this chapter shall be provided to OHA, and pursuant to this chapter, OHA shall not issue licenses to applicants for the operation of psilocybin service centers in Josephine County. [Ord. 2022-003 § 1.]
5.45.060 Penalties.
Violations of the terms or provisions of this chapter are hereby declared to be public and private nuisances. Each violation of the terms or provisions of this chapter is punishable as a Class A violation pursuant to ORS 153.018(2)(a). [Ord. 2022-003 § 1.]
5.45.070 Severance.
Should any section or provision of this chapter be declared by a court or tribunal of competent jurisdiction to be invalid, that decision shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. [Ord. 2022-003 § 1.]