Legal Information
CotM is a legally registered Religious Nonprofit Organization
CotM has been carefully consulting with legal counsel since its inception.
We’ve taken great care to limit risk, prevent harm, and provide support to the Hyphae, who have a unique, one of a kind religious congregation that’s unlike any other psychedelic church to date.
“A psychedelic church in Oregon that does not suggest, distribute, provide, or offer psychedelics – but instead focuses solely on offering peer support to adults who have already had religious experiences with psychedelic medicines – minimizes legal risks for the church and its members.”
Here’s why:
1. **No Direct Involvement with Controlled Substances**: By not handling or distributing psychedelics, the church avoids violating state or federal drug laws, which are the primary legal risks for organizations involved in psychedelic practices[1][3][7].
2. **Focus on Peer Support**: Providing peer support without facilitating or encouraging psychedelic use is less likely to be viewed as enabling illegal activity. This aligns with general legal principles that distinguish between support services and direct involvement in controlled substance use[6].
3. **Religious Freedom Protections**: While religious protections under the Religious Freedom Restoration Act (RFRA) are limited and often require legal battles to enforce, a church that does not handle psychedelics may avoid triggering scrutiny under these laws[6][7].
4. **Measure 109 Compliance**: Since Measure 109 requires psilocybin use to occur in licensed service centers, a church that does not facilitate such use sidesteps these regulatory requirements[5][8].
Citations:
[1] Statement Regarding the Oregon Health Authority’s Notice of … https://chacruna.net/statement-regarding-oregon-psilocybin-service-act-by-the-religious-use-committee-of-the-psychedelic-bar-association/
[2] [PDF] Legal-Memorandum.pdf – Oregon.gov https://www.oregon.gov/oha/PH/PREVENTIONWELLNESS/Documents/Legal-Memorandum.pdf
[3] Policy and Legal Considerations for Religious and Community Use … https://chacruna.net/oregon-measure-109-framework-precautions-psilocybin-mushrooms/
[4] Religious Practice Under Oregon Measure 109 | Psychedelics Today https://www.psychedelicstoday.com/2022/02/03/religious-practice-under-oregon-measure-109/
[5] Oregon Psilocybin and Religious Practices – Harris Sliwoski LLP https://harris-sliwoski.com/psychlawblog/oregon-psilocybin-and-religious-practices/
[6] Psychedelics, the DEA, and Regulating Religion – Cato Institute https://www.cato.org/regulation/spring-2023/psychedelics-dea-regulating-religion
[7] Legal Status of Ayahuasca and Psilocybin Mushrooms in the US https://www.portlandpsychotherapytraining.com/blog/legal-status-of-ayahuasca-and-psilocybin-containing-mushrooms-in-the-united-states
[8] [PDF] Oregon PSILOCYBIN BUSINESS Resource Guide https://www.oregon.gov/oha/PH/PREVENTIONWELLNESS/Documents/Psilocybin-Business-Resource-Guide.pdf
Feel free to email us at support@churchofthemushroom.org for further info