Or. Admin. Code § 333-333-5170

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-333-5170 - [Effective 1/1/2025] Sale and Transfer of Psilocybin Products to Clients

(1) Psilocybin products may only be sold and transferred to clients by licensee representatives of a service center. Licensee representatives of a service center may only sell and transfer products to clients consistent with dosage, product type and method of consumption determined by a facilitator and client during the client's preparation session.

(2) Payment for psilocybin products must be received prior to beginning an administration session. If purchased psilocybin products are not transferred to a client, a service center must provide a refund for the purchase price.

(3) A licensee representative of a service center must transfer psilocybin products to clients within a designated administration area and clients must consume psilocybin products following transfer.

(4) A licensee representative of a service center must transfer psilocybin products to clients in sealed client packaging. Facilitators who are also licensee representatives of a service center are prohibited from transferring products to clients while acting as a licensed facilitator.

(5) A licensee representative of a service center must ensure that a client consumes psilocybin products promptly after psilocybin products are transferred to the client.

(6) A licensee representative of a service center must observe a client consume any psilocybin products transferred to that client and dispose of packaging waste appropriately. Any portion of a product that is not consumed must be returned to a licensee representative and must be destroyed at the conclusion of the client's administration session. If a client is unable to open or consume a psilocybin product without assistance, they may identify a client support person to assist them subject to the requirements of OAR 333-333-5050(5)(m) and OAR 333-333-5070.

(7) Facilitators are prohibited from transferring, preparing or otherwise handling psilocybin products, unless the facilitator is also a licensee representative of a service center.

(8) Facilitators are prohibited from transferring, selling or otherwise handling any psilocybin product while they are facilitating a preparation, administration or integration session, regardless of whether the facilitator is also a licensee representative of a service center.

(9) Clients may mix psilocybin products with packaged food or packaged beverages prior to consuming, as long as the packaged food or packaged beverage was unopened prior to mixing. Potable water is not required to be packaged.

(10) Licensees shall not permit clients to mix psilocybin products with any items other than packaged food and beverages, including but not limited to:

(a) Homemade food and beverage items.

(b) Dietary and nutritional supplements, including herbal supplements and products derived from cannabis.

(c) Prescription and non-prescription drugs.

(d) Any intoxicant.

Or. Admin. Code § 333-333-5170

PH 206-2022, adopt filed 12/27/2022, effective 12/27/2022; PH 58-2023, amend filed 12/21/2023, effective 1/1/2024; PH 82-2024, amend filed 11/22/2024, effective 1/1/2025

Statutory/Other Authority: ORS 475A.235

Statutes/Other Implemented: ORS 475A.235 & ORS 475A.468