Friends, we’d like to share an important update in the ongoing effort to ensure that psilocybin services are accessible to all Oregonians, including those who are homebound, disabled, or terminally ill.
Background
In Cusker et al. v. Oregon Health Authority (Case No. 6:24-cv-00998-MTK), a group of Oregon psilocybin facilitators with special expertise in serving disabled and dying clients have filed suit to guarantee access to psilocybin services under Oregon’s landmark Psilocybin Services Act (PSA).
These facilitators argue that the Oregon Health Authority (OHA) has unlawfully excluded this vulnerable population from participation in psilocybin services, despite the PSA’s explicit intent to make such services broadly available and inclusive.
Latest Developments
On October 10, 2025, the plaintiffs filed a new brief in Oregon Federal District Court opposing OHA’s latest attempt to dismiss the case.
This marks the second time OHA has tried to have the case thrown out, this time through a Motion for Judgment on the Pleadings. A similar motion filed last year was unsuccessful. The OHA now alleges that the facilitator plaintiffs, who bring claims under the Americans with Disabilities Act (ADA) on behalf of their clients, lack legal standing to do so.
Plaintiffs argue that this renewed motion is simply a delay tactic and that the agency is continuing to avoid addressing the core issue, whether its current regulatory structure unlawfully discriminates against disabled and dying Oregonians.
Plaintiffs’ Position
“Plaintiff Facilitators have sufficiently alleged standing on their behalf and on behalf of their disabled and dying clients,” said Kathryn Tucker, attorney for the plaintiffs and legal director of the National Psychedelics Association.
“OHA seeks to evade ADA compliance in its operation of the Psilocybin Services Act, which unlawfully discriminates against these Oregonians. We hope the Court will deny this attempt to avoid review of the merits, move the case forward, and ensure access for disabled and dying Oregonians, who are among those who could benefit most from psilocybin services.”
Why It Matters
At the heart of this case is a simple but urgent question: will Oregon’s psilocybin program live up to its promise of inclusion and compassion? Until these barriers are addressed, some of the people who stand to benefit most from psilocybin-assisted therapy remain shut out.
We’ll continue to follow this case closely and share updates as they develop.
How You Can Support
- Stay Informed: Follow ongoing updates about Cusker et al. v. OHA through our newsletter and social media channels.
- Share This Story: Amplify awareness by sharing this post with your network, especially among advocates for disability rights and psychedelic policy reform.
- Learn More: Read about the Oregon Psilocybin Services Act and its intended goals for equitable access here.
- Get Involved: If you’re a facilitator, healthcare provider, or advocate interested in supporting equitable access to psilocybin services, contact us at info@yournpa.org.
Together, we can help ensure Oregon’s psilocybin framework reflects compassion, inclusion, and justice for all.
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