Or. Admin. Code § 333-333-6000

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

Section 333-333-6000 - Prohibited Conduct

(1) Sale to a person under 21 years of age. A licensee or permittee may not sell, deliver, transfer or make available any psilocybin product to a person under 21 years of age.

(2) Services to a person under 21 years of age. A facilitator may not provide psilocybin services to a person under 21 years of age.

(3) Identification for Products. A licensee or licensee representative must require a person to produce identification as required by ORS 475A.445 before selling or providing a psilocybin product to that person.

(4) Identification for Services. A facilitator must require a person to produce identification before providing psilocybin services to that person.

(5) Access to Licensed Premises.

(a) A licensee, licensee representative or permittee may not:

(A) During regular business hours for the licensed premises, refuse to admit or fail to promptly admit an authorized Oregon Health Authority (Authority) representative who identifies themselves and who enters or wants to enter a licensed premises to conduct an inspection to ensure compliance with ORS 475A.210 to 475A.722 or these rules;

(B) Outside of regular business hours or when the licensed premises appear closed, refuse to admit or fail to promptly admit an authorized Authority representative who identifies themselves and requests entry on the basis that there is a reason to believe a violation of ORS 475A.210 to 475A.722 or these rules is occurring; or

(C) Ask the authorized Authority representative to leave until the authorized Authority representative has had an opportunity to conduct an inspection to ensure compliance with ORS chapter 475A or these rules.

(b) A licensee must retain control of, or the right of access to, all or any part of the licensed premises.

(6) Use or Consumption of Intoxicants on Duty and Under the Influence on Duty.

(a) No licensee, licensee representative, or permittee may consume any intoxicants while on duty.

(b) No licensee, licensee representative, or permittee may be under the influence of intoxicants while present on a licensed premises. The requirements of this subsection do not apply to licensees, licensee representatives and permittees who are off duty and consume psilocybin products while receiving psilocybin services as a client.

(c) As used in this section "intoxicants" means any substance that has intoxicating effects, and includes alcohol, prescription drugs, non-prescription drugs and any other controlled substances. "Intoxicants" does not include caffeine and nicotine.

(7) Import and Export. A licensee or permittee may not import psilocybin products into this state or export psilocybin out of this state.

(8) Permitting, Disorderly or Unlawful Conduct. A licensee or permittee may not permit and is responsible for addressing disorderly activity or activity that is unlawful under Oregon state law on the licensed premises. This section applies to all disorderly or unlawful activity that occurs on the licensed premises regardless of whether the activity was caused by a licensee representative, a client, a facilitator or other individuals.

(a) If the prohibited activity under this section results in death or serious physical injury, or results in a sexual offense the violation is a Category I violation and could result in license or permit cancellation.

(b) As used in this section:

(A) "Disorderly activities" means activities that harass, threaten or physically harm oneself or another person.

(B) "Disorderly activities" include offensive conduct towards another person based on race, ethnicity, religion, language, disability, age, gender, gender identity, sexual orientation, or social class.

(C) "Permitting" means that the licensee or permittee is aware of the activity and failed to take reasonable steps to address it.

(D) "Unlawful activity" means activities that violate the laws of this state, including but not limited to any activity that violates a state criminal statute.

(c) The Authority does not require a conviction to establish a violation of this section.

(9) Psilocybin as a Prize, Premium or Consideration. No licensee or permittee may give or permit the giving of any psilocybin product as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind on the licensed premises.

(10) Visibly Intoxicated Persons. No licensee or permittee may sell, give, or otherwise make available any psilocybin products or provide psilocybin services to any person who is visibly intoxicated.

(11) Additional Prohibitions. A licensee or permittee may not:

(a) Deliver psilocybin products to a person or location off the licensed premises.

(b) Permit psilocybin products to be present on the licensed premises, except as allowed by these rules.

Or. Admin. Code § 333-333-6000

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

Statutory/Other Authority: ORS 475A.235

Statutes/Other Implemented: ORS 475A.235 & ORS 475A.340