Chapter 5.40
PROHIBITION OF PSILOCYBIN PRODUCT MANUFACTURERS
Sections:
5.40.010 Title.
This chapter shall be known as the Prohibition of Psilocybin Product Manufacturers. [Ord. 2022-002 § 1.]
5.40.020 Purpose and intent.
The purpose of this chapter is to prohibit the manufacture of psilocybin products within the unincorporated areas of Josephine County and the city of Cave Junction pursuant to the city consent under ORS 203.040. [Ord. 2022-002 § 1.]
5.40.030 Definitions.
“City” means the city of Cave Junction.
“County” means Josephine County.
“Manufacture” or “manufacturing” means the planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion or processing of a psilocybin product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.
“Measure 109” means the Oregon Psilocybin Services Act, codified in ORS Chapter 475A.
“OHA” means the Oregon Health Authority.
“Psilocybin” means psilocybin or psilocin, the naturally occurring psychedelic compound derived from certain species of fungi, commonly referred to as “magic mushrooms.”
“Psilocybin product manufacturer” means a person that manufactures psilocybin products. [Ord. 2022-002 § 1.]
5.40.040 Authority.
The Board of County Commissioners of Josephine County recognizes, declares and establishes the authority to prohibit the manufacture of psilocybin products within its jurisdiction pursuant to ORS 475A.718(1)(a) (Authority of cities and counties to adopt ordinances prohibiting the establishment of psilocybin product manufacturers). [Ord. 2022-002 § 1.]
5.40.050 Prohibition.
A. In accordance with ORS 475A.718, and subject to the vote of the electors at the November 8, 2022, general election, the establishment of psilocybin product manufacturers is prohibited in Josephine County.
B. The text of this chapter shall be provided to OHA, and pursuant to this chapter, OHA shall not issue licenses to applicants for psilocybin product manufacturing in Josephine County. [Ord. 2022-002 § 1.]
5.40.060 Penalties.
Violations of the terms or provisions of this chapter are hereby declared to be public and private nuisances. Each violation of the terms or provisions of this chapter is punishable as a Class A violation pursuant to ORS 153.018(2)(a). [Ord. 2022-002 § 1.]
5.40.070 Severance.
Should any section or provision of this chapter be declared by a court or tribunal of competent jurisdiction to be invalid, that decision shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid. [Ord. 2022-002 § 1.]