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2022-289-Ordinance Recorded 8/11/2022 Recorded in Deschutes County Steve Dennison, County Clerk CJ2022-289 REVIEW�E//D1 Commissioners'Journal 08/11/2022 12:02:23 PM 1l 1! 1 / `NyTES CMG LEGAL COUNSEL q. ?� II I I I II II IIII II I I III 11111111111 222-289 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Psilocybin Product Manufacturers and Psilocybin * ORDINANCE NO. 2022-009 Service Center Operators within Unincorporated Deschutes County;Referral to the Electors. WHEREAS, in November 2020,Ballot Measure 109 was passed by the electors of Oregon,thereby creating a program to permit licensed service providers to administer psilocybin-producing mushroom and fungi products to individuals 21 years of age or older; and WHEREAS, Ballot Measure 109 has been codified as ORS 475A.718; and WHEREAS, ORS 475A.718 allows that the governing body of a county may adopt an ordinance to be referred to the electors of the county at the next statewide general election to determine whether to prohibit the establishment of Psilocybin Product Manufacturers and/or Psilocybin Service Center Operators; and WHEREAS, any prohibition on Psilocybin approved by the electors will only apply within the unincorporated County and will not impact Psilocybin operations or businesses within any city limits; and, WHEREAS, to date the Oregon Health Authority has not completed rulemaking necessary to provide regulatory oversight of Psilocybin Product Manufacturers and Psilocybin Service Center Operators; and WHEREAS, a majority of the Board of Commissioners supports referring this matter to the electors of Deschutes County, as authorized by Ballot Measure 109 and ORS 475A.718; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with ORS 475A.718, and subject to the vote of the electors at the November 8, 2022 General Election,the following are prohibited in the unincorporated areas subject to the jurisdiction of Deschutes County: (a) Psilocybin Product Manufacturing; (b) Psilocybin Service Center Operations; Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2022. Section 3. The text of this ordinance shall be provided to the Oregon Health Authority. PAGE 1 OF 2-ORDINANCE NO.2022-009 Section 4. Effective Date. Pursuant to ORS 203.045(9), this ordinance takes effect upon approval of a majority of those voting on the proposed ordinance. Dated this of , 2022 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI AIR, Chair 611:70,-A"------ — ANTHONY DEBONE,Vice Chair ATTEST: Recording Secretary PHIL HANG, Commissioner Date of 1st Reading:c day of Jc� ,2022. Date of 2°a Reading: U day of Q ,2022. Record of Adoption Vote: Commissioner Yes No Abstained Excused Phil Chang Patti Adair Anthony DeBone x Effective date: Upon approval of a majority of those voting on the proposed ordinance at the November 8, 2022 General Election. PAGE 2 OF 2-ORDINANCE NO.2022-009 wCES C0. ..- ... /cv BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: Monday, August 8,.2022 SUBJECT: SECOND READING: Ordinance No. 2022-009, Prohibiting the Establishment of Psilocybin Product Manufacturers and Psilocybin Service Center Operators .. within Unincorporated Deschutes County; Referral to the Electors ATTENDANCE: County Legal Counsel Community Development Department