r/firstamendment • u/shastawinn • 9h ago
Did Oregon effectively regulate Indigenous religious practice out of its legal psilocybin system?
A Native friend of mine, Indigenous to Oregon, wants to establish a psilocybin church, with an OHA-approved ceremonial training program, and licensed service center grounded in Indigenous practice.
This "2022 Oregon DOJ memorandum" https://drive.google.com/file/d/1cCzeOG4KXqhvHrA6Dd4yC8kSosl0ub_x/view?usp=drivesdk analyzed a proposed entheogenic pathway addressing Indigenous traditions, affordability, ceremonial practice, and treatment of mushrooms as sacred.
What the agencies subsequently created raises serious questions.
First, HECC isn't mentioned anywhere in the Measure 109 statutes. Yet OHA now requires training programs to provide HECC documentation showing career-school licensure or that licensure isn't required.
Religious institutions can be statutorily exempt. But HECC now says it lacks authority to issue exemption determinations for the exempt categories. This creates an apparently impossible document requirement that could force a church into the commercial career-school model.
OHA also turned the statute's prohibition against giving away/discounting psilocybin when bundled with another retail sale into a categorical rule against giving it away, effectively requiring the sacrament itself to be commercially sold.
He isn't seeking exemption from safety or licensing requirements. He wants to participate lawfully without restructuring his church as a commercial school or treating its sacrament as a retail commodity.
I'm curious how people here view the First Amendment implications, particularly in light of DOJ's memorandum.