2026 OHA PROPOSED RULES

OHA has proposed rules that could reach beyond licensed psilocybin services and regulate what licensees publish, teach, sell, or say about lawful activity outside Oregon’s regulated program.

These rules are proposed, not final. The Psilocybin Alliance is seeking the evidence, definitions, and legal basis OHA relied upon before restrictions of this breadth are adopted.

Several provisions in OHA’s 2026 proposed rules would restrict licensed service centers and other licensees from promoting, encouraging, or providing information or instruction about activity outside the regulated psilocybin-services system.

The concern is not limited to conduct occurring during a licensed administration session. The language may reach books, websites, classes, research, public presentations, social media, harm-reduction information, mushroom-growing materials, and lawful outside businesses.

THE PROVISIONS AT ISSUE

The proposed restrictions appear in OAR 333-333-2010(1)(e)–(f), 333-333-4480(11)–(12), 333-333-5120(16), 333-333-6030(1)(e), and 333-333-6100. Their combined effect could subject a licensee’s speech, education, publishing, advertising, and lawful outside activities to professional discipline.

Disciplinary exposure

Because compliance is tied to licensure, unclear language can chill lawful speech before OHA ever brings an enforcement action. Licensees may self-censor rather than risk their livelihood.

Important: “Licensee Free Speech Ban” is the Alliance’s name for this policy issue. The rules remain proposed, and their final meaning and application have not been established.

• Books and ebooks
• Websites and newsletters
• Classes, workshops, and public presentations
• Research and policy commentary
• Social media and interviews
• Harm-reduction information
• Mushroom-growing education and materials
• Non-psilocybin mushroom products and lawful outside businesses

OHA may regulate licensed psilocybin services and protect clients. But rules that reach a licensee’s public speech or lawful work outside licensed operations require special care.

The proposed language raises four immediate concerns:

1. Breadth: It may reach ordinary education and publishing.
2. Vagueness: Key terms are not clearly defined.
3. Evidence: OHA has not publicly identified the incidents or studies demonstrating the need for restrictions this broad.
4. Constitutional risk: The rules may burden speech based on its content or viewpoint.

TRANSPARENCY BEFORE ENFORCEMENT

The Alliance submitted a focused public-records request for the existing evidence and implementation materials behind these provisions. It asks for:

• Complaints, incident reports, studies, or memoranda relied upon;
• Fiscal or economic analysis of effects on lawful publishing, education, advertising, or outside businesses;
• Records discussing books, websites, classes, research, public presentations, social media, harm reduction, cultivation materials, and non-psilocybin mushroom products;
• Existing guidance or enforcement criteria defining “promoting,” “encouraging,” “providing information,” “instruction,” “unregulated cultivation,” and “unregulated consumption”; and
• Nonprivileged factual material supporting the proposed restrictions.

OHA’s answers will help determine whether the restrictions respond to documented harm or instead impose a broad precautionary limit on licensee speech.

What we are asking OHA to do

• Identify the harm these rules are intended to prevent.
• Define the operative terms before enforcement.
• Distinguish licensed conduct from lawful public speech.
• Evaluate economic effects on licensees’ outside work.
• Allow meaningful comment after the supporting record is available.

Oregon can protect clients without claiming authority over everything a licensee writes, teaches, studies, or sells outside licensed psilocybin services.

Public-comment deadline shown by OHA: September 21, 2026. Verify current deadlines and submission instructions with OHA before sending.