PORTLAND, Ore. (KOIN) – A group of Oregon healthcare providers filed a federal lawsuit on Monday challenging Oregon’s first-in-the-nation psilocybin law, claiming the law discriminates against homebound patients who cannot travel to psilocybin service centers for treatment.

The lawsuit was filed in the U.S. District Court in Eugene against the Oregon Health Authority, which regulates psilocybin services in the state, as first reported by Marijuana Moment.

The plaintiffs — which includes three licensed psilocybin facilitators and a physician specializing in care for terminally ill and homebound patients — allege the law violates the Americans with Disabilities Act and does not allow reasonable accommodations to treat their homebound patients.

In 2020, Oregon voters passed Measure 109, creating the Psilocybin Services Act. The measure legalized psilocybin for therapeutic use for people 21-years-old and older.

Under OHA regulations, psilocybin must be cultivated or produced by a licensed psilocybin manufacturer, tested by a licensed lab, and can only be given to a client at a psilocybin service center. Clients must stay at the center for the duration of their psilocybin session.

According to OHA, research has shown that psilocybin — or the compound found in magic mushrooms — can help treat depression, anxiety, addiction, trauma, and aid spiritual well-being.

The lawsuit notes clinical trials have also shown the drug can relieve end-of-life psychological distress but claims access to the treatment for those patients is limited under the Oregon law.

“Defendant OHA’s refusal to allow accommodations has placed disabled and terminally ill individuals where they would only be able to access needed services by turning to underground sources,” the lawsuit claims. “For many terminally ill individuals, this means that they will die without having access to psilocybin services that would have substantially benefitted them and that their able-bodied peers can easily access under the [Psilocybin Services Act.]”

In the lawsuit, the plaintiffs claimed to have written letters to OHA in 2023 asking for guidelines on serving homebound patients and if their licenses would be in jeopardy if they violated the PSA to provide accommodations to homebound patients.

The lawsuit claims OHA responded to the letters stating there is no legal pathway for accommodations for psilocybin to be consumed outside of licensed service centers, noting the statute would have to be amended for accommodations to be allowed.

In a statement to KOIN 6 News, one of the attorney’s representing the plaintiffs — Scott Aldworth of Kell, Alterman & Runstein L.L.P. — said, “The PSA’s service center restriction creates an insurmountable barrier to access to some individuals with disabilities and terminal illnesses. These people are among the populations most likely to benefit from this service, but currently have no way to access it.”

He continued, “Licensed facilitators are willing to make reasonable accommodations for these individuals and can safely provide this service in the client’s home. Making such reasonable accommodations is required under the Americans with Disabilities Act and state law, but the OHA has refused to allow facilitators to provide these accommodations. This litigation is necessary to ensure that OHA complies with the law and to allow disabled and terminally ill people access to the same treatment as all other Oregonians.”

OHA told KOIN 6 News the agency does not comment on pending litigation.