2026 OHA RULEMAKING
Holding Oregon’s Rulemaking Process Accountable
The Psilocybin Alliance has organized affected Oregon psilocybin licensees to invoke a specific protection in Oregon’s administrative rulemaking law.
A narrow issue. An important question.
Oregon law establishes specific procedures for evaluating the fiscal impact of proposed regulations on affected businesses.
During its 2026 psilocybin rulemaking, OHA convened Rules Advisory Committees and subsequently proposed substantial changes to licensing fees.
The Psilocybin Alliance is asking one narrow question:
Which fiscal-impact process required by ORS 183.333 applies to this rulemaking—and did OHA follow it?
Oregon law creates two possible paths
Depending on how the 2026 Rules Advisory Committees were established, different provisions of ORS 183.333 may apply.
If the 2026 RACs were statutory advisory committees
ORS 183.333 imposes requirements when an agency appoints an advisory committee for consideration of a rule, including seeking recommendations concerning fiscal impact, the extent of that impact, and significant adverse effects on small businesses, and considering those recommendations in preparing the fiscal-impact statement.
PATH ONE → Show the RAC record.
If the 2026 RACs were not statutory advisory committees
ORS 183.333 provides a separate procedure when no qualifying advisory committee was appointed. That procedure allows 10 or more affected persons—or an association with at least 10 affected members—to object to the fiscal-impact statement.
PATH TWO → Apply the 10-member procedure.
Either path requires an answer.
What the Alliance has done
SEPTEMBER 2026
Protective and Conditional ORS 183.333 Filing
The Psilocybin Alliance submitted a protective filing on behalf of an association with at least 10 members likely to be affected by the proposed rules.
The filing does not assume which statutory path OHA believes applies. It asks OHA to identify its position and demonstrate that the applicable statutory process was followed.
OHA RESPONSE
Pending
We will post OHA’s response here when it is received.
Why this matters
Transparency
Businesses affected by proposed regulations should be able to understand the fiscal analysis supporting those regulations.
Meaningful Participation
Rulemaking procedures exist so affected people can participate before decisions become final—not after.
Accountability
When Oregon law creates procedural safeguards, agencies and regulated communities both benefit when those procedures are followed clearly and consistently.
The Alliance is not asking OHA to reach a predetermined result. We are asking OHA to follow the process Oregon law requires.
What happens next
1. Filing Submitted
The Alliance filing becomes part of the rulemaking record.
2. OHA Clarifies
We expect OHA to identify which statutory path it believes applies.
3. Record Develops
Relevant filings and responses will be posted here.
4. Next Actions
The Alliance will determine next steps based on OHA’s response and the record.
Support Clear, Accountable Rulemaking
Join the Psilocybin Alliance and help build a safe, accessible, and economically sustainable future for Oregon psilocybin services.