Wasco County considers psilocybin regulations

Psilocybin is a hallucinogenic compound obtained from mushrooms chiefly of the genus Psilocybe.

Although the measure included some state-wide provisions in the statute, like prohibiting the location of a service center with 1,000 feet of a school, additional restrictions can be set by the county setting condition on the manner of license, hours of operation, public access and limitations to location, said Kelly Howsley-Glover, Wasco County planning director.

Howsley-Glover noted state regulations don’t allow licensed facilities in residential areas, but that is the only restriction, so without additional county-based land-use regulations related facilities “could be anywhere” within the unincorporated areas of the county, with the exception of the Columbia River Gorge National Scenic Area.

“If we don’t do something, it could be a free-for-all,” explained Wasco Administrative Officer Tyler Stone. Although counties were offered an option to opt out of the state-wide program by a county-wide vote in November, Stone said staff did not recommend that course. “We are taking the position that it passed in the county," he explained. He added, "I would prefer to regulate in a TPM manner, rather than discuss the philosophy of the drug and its value. We want controls to avoid ‘leakage’ (of the drug) to the general public.”

Production of psilocybin is structured by the state statute as a farm use, and will be allowed outright in most zones outside the scenic area, Howsley-Glover said.

“We would require permitting for structures affiliated with the crop production, or manufacturing, as with any other agricultural structure,” she said. As a crop, psilocybin cannot be cultivated outdoors, and the premise must have defined boundaries.

There are also limitations on the size of production facilities. Like marijuana, this type of crop is not eligible to be used in establishing a new farm dwelling or farm stand, although existing farm dwellings will not be impacted, Howsley-Gloer said. Unlike marijuana, odor doesn’t appear to be an issue in psilocybin production, she added.

Wasco County planners are proposing service centers be permitted only in commercial zones, limiting potential locations to a few sites, including in rural service centers in the Pine Grove and Tygh Valley areas.

 New regulations, if adopted by the county, would need to be in place prior to Jan. 1, 2023, at which time state statues will be in place and the county could be required to sign a “land use compatibility statement” for any facility proposed within the county.

County regulations would impact only unincorporated areas within the county and outside the Columbia Gorge National Scenic Area. Incorporated cities within the county will be required to adopt their own guidelines if they choose to go beyond the state guidelines.

Planning staff recommended the county codify existing state restrictions and adopt additional guidelines as outlined below.

Proposed guidelines

Planners have proposed to adopt the following, along with additional pre-scheduled LUDO updates:

• Listing manufacturing of psilocybin as a farm use in zones, with limitations on outdoor growing

and that they are not eligible for farm dwellings and farm stands

• Allowing service centers in commercial zones only, including RC, TV-C, and WAM C-2.

• A standalone chapter that lists additional restrictions on service centers, including location, and incorporation of any other feedback received during the LUDO Update process.

The board of commissioners agreed to the proposals outlined by planning staff, noting that public hearings would be held to gather additional input from residents. “There will be plenty of opportunity for public input in this process,” noted Wasco County Commissioner Scott Hege.