Add Psychedelic Health and Safety Code (add Code Chapter 14B.140)

The City of Portland ordains. Section 1. The Council finds: The City of Portland must allocate limited public safety and behavioral health resources in a manner that addresses the most harmful substances, reduces overdose deaths, and prioritizes activities that pose the greatest risk to community safety, consistent with Oregon law and recent statewide policy changes. Oregon is implementing changes to its statewide drug policy according to 2024 House Bill 4002. Law enforcement resources are most effective when prioritized toward dismantling trafficking networks, addressing substance use associated with overdose risk, and responding to conduct that threatens community safety and welfare. Naturally occurring psychedelic plants and fungi continue to hold cultural, spiritual, and religious significance for many individuals and communities, and should be approached with care, respect, and responsibility. Human cultures around the world recognize naturally occurring psychedelic plants and fungi as sacred and have used them as part of their cultural, spiritual, and religious practices for thousands of years. Depression, severe anxiety, addiction, post-traumatic stress, end-of-life anxiety, grief, isolation, intergenerational trauma, and other physical and mental health challenges affect many communities, while decades of scientific and clinical research have affirmed what some cultures have long understood: naturally occurring psychedelic plants and fungi can offer meaningful therapeutic benefits to address these conditions. Modern clinical research has also shown that naturally occurring psychedelic plants and fungi are non-addictive and, when used responsibly, can facilitate personal and community healing. Oregon is a global leader in science-based psychedelic public policy, from personal use protections that foster increased safety and education to the world's first regulated and licensed model for psilocybin healthcare, to modern clinical research supporting its safe, effective, and therapeutic use. Many residents, especially those with low incomes or other barriers to care, do not have equitable access to licensed psychedelic services, despite potentially benefiting from safe and responsible use within existing legal frameworks. Portland has a long-standing psychedelic-related ecosystem operating across personal, cultural, spiritual, wellness, and therapeutic contexts, including licensed facilitators and service centers; therapists and mental health professionals; integration coaches, peer support providers, and harm-reduction educators; researchers, authors, and academic collaborators; retreat providers, event organizers, and cultural convenors; and professional services including legal, accounting, insurance, marketing, training, technology, and hospitality. The core principles of harm reduction recognize that substance use exists and emphasize minimizing potential harms, improving individual and community well-being, and providing non-judgmental, non-coercive access to information and support. Prior enforcement approaches have not always aligned with public health priorities and have, in some cases, contributed to unintended negative impacts on communities, particularly those already facing disparities. Law enforcement should focus on reducing overdose deaths, dismantling trafficking networks, and integrating harm reduction to maximize positive impacts on public health, safety and welfare when enforcing drug laws. Across the United States, dozens of jurisdictions including San Francisco, Seattle, Tacoma, Olympia, Denver, Minneapolis, and Washington, D.C., have adopted policies recognizing that enforcement related to the non-commercial personal use of naturally occurring psychedelic plants and fungi should be among the lowest law enforcement priorities, helping preserve public resources for more urgent community needs. NOW, THEREFORE, the Council directs: Amend City Code Chapter 14B.140 as shown in Exhibit A.