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Dee Lafferty, right, and fellow facilitator, Pat Winczewski mimic what a typical one-on-one session at the Albany-based therapeutic center looks like. Participants have access to weighted blankets and and others sensory deprivation items.
A line of recently adopted Albany city code is getting scratched out after psilocybin advocates came forward, fearing they would not be able to participate in some public events.
Last month, the City Council approved the creation of a special event permit. Recently, the city has received more requests for special events on city property that require resources, such as police presence and road closures, to operate smoothly, according to a March 27 staff memo.
The new permit included updated language about which special events were prohibited. That’s where psilocybin advocates took issue with the change. A line was added that reads: The director shall issue a permit when it is found that “the proposed activity or use does not include elements that are unlawful in federal court.”
Oregon is the first state to legalize psilocybin for therapeutic use. Last year, a licensed service center opened in Albany and another opened two months ago in Corvallis.
But the federal government still considers magic mushrooms a Schedule I controlled substance under the Controlled Drugs and Substances Act.
“While I understand the intention behind the proposed policy change, I am deeply troubled by the implications it may have for organizations that focus on education and awareness, particularly in the realm of plant medicine,” Patrick Winczewski wrote in a letter to City Council.
Previously, Winczewski came before the council to advocate that the city not put a ban on the ballot for psilocybin. The city didn’t, and he’s since become a licensed facilitator at Inner Guidance, a psilocybin service center in North Albany.
Winczewski argued that the language allowed park employees to decline applications from organizations seeking to provide educational resources and stifle free speech.
“Restricting educational events under the guise of preventing illegal activity is not only unnecessary but also counterproductive,” he said.
Another advocate voiced similar concerns in person at the Wednesday, April 10 council meeting.
“Voters in Albany and all of Oregon voted to approve the legalization of psilocybin at service centers like the one I work at. It is still however illegal federally,” said Sean Lane, another facilitator at Inner Guidance.
The psilocybin facilitators had a booth at Albany Pride last year and worried that this language would prohibit them from doing so in future years, Lane said.
In response, Councilor Jackie Montague made a motion to strike the language, with Councilor Steph Newton seconding.
City Attorney Sean Kidd said that whether councilors changed the code or not, people are allowed to talk about the subject matter — they just could not administer psilocybin, which is already highly regulated, he said.
But, he added, there was no harm in striking the language, whose phrasing Kidd acknowledged was strange in its reference to “federal court” instead of “federal law.”
“I think removing it would just make everything a bit more clear and eliminate some confusion,” Newton said.
Councilor Marilyn Smith agreed that the lines should be taken out since they are inaccurate. She said it would make more sense if it were reworded to dissuade activity that is “unlawful federally.”
“This offends my sense of plain language,” Smith said.
Montague added that she didn’t like that the federal government dictates what they do on city property.
In the future, if the federal government were to make something illegal that wasn’t in the state, Montague said she wanted to ensure the city’s hands weren’t tied, she added.
In the end, city councilors unanimously voted to delete the language.
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Shayla Escudero graduated University of Southern California with a Master of Science in Journalism. She covers Albany city hall and Linn County. She is passionate about telling people forward stories and shining a light on injustices. She can be reached at Shayla.Escudero@lee.net
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Dee Lafferty, right, and fellow facilitator, Pat Winczewski mimic what a typical one-on-one session at the Albany-based therapeutic center looks like. Participants have access to weighted blankets and and others sensory deprivation items.
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