Court Sets Date: Cusker et al. v. OHA Heads to Oral Argument on November 16

National Psychedelics Association | Advocacy Update | September 24, 2026

We have an important milestone to share in the fight to make psilocybin services accessible to all Oregonians – including those who are homebound, disabled, or terminally ill.

The scheduling order is in: oral argument on the cross motions for summary judgment in Cusker et al. v. Oregon Health Authority will be heard on Monday, November 16, 2026 at 1:30 PM, in Courtroom 1 of the Eugene Division of the U.S. District Court for the District of Oregon, before the Honorable Mustafa T. Kasubhai.

And here is the part we want every member of our community to know: the hearing is open to the public. If you are able to be in Eugene that day, we encourage you to come witness this historic argument in person.

Background: Why This Case Matters

In June 2024, four plaintiffs – licensed psilocybin facilitators Jay Cusker, LMFT, Alison Grayson, and Kathryn Kloos, ND, along with Dr. Yolanda Suarez, DO, a physician specializing in end-of-life care – filed suit against the Oregon Health Authority (OHA). Their claim is simple and powerful: by restricting psilocybin services to licensed service centers, with no process for reasonable accommodation, OHA operates the Oregon Psilocybin Services Act (PSA) in violation of Title II of the Americans with Disabilities Act.

Consider what the current rules mean in practice. Under the PSA, psilocybin may only be consumed at a licensed service center. A facilitator who provides services in a client’s home risks license revocation, civil penalties of up to $5,000 per violation, and criminal exposure. So when a bedbound patient dying of stage IV cancer asks for psilocybin-assisted therapy to ease existential distress – research has repeatedly shown it can relieve anxiety and depression at the end of life – the answer today is no. The plaintiffs each recount patients who died without ever being able to access the care they sought.

OHA’s position has been that the PSA offers “no legal pathway to make accommodations for psilocybin to be consumed outside of a licensed service center.” The plaintiffs’ answer: the ADA already provides that pathway. A federal agency or state program that refuses reasonable modifications to people with disabilities violates federal law – and state law cannot be an excuse for discrimination.

The Road to November 16

This case has already survived repeated attempts to end it before the merits could be heard:

1. June 2025: The court denied OHA’s first motion to dismiss, holding that the plaintiffs’ request is a demand for equal access under the ADA – not a request to violate controlled substances law.
2. March 17, 2026: Judge Kasubhai denied OHA’s Motion for Judgment on the Pleadings on all grounds but one, allowing the claims brought by the three licensed facilitator plaintiffs to move forward.
3. April 2026: A remarkable coalition filed amicus briefs in support of the plaintiffs, including Disability Rights Oregon, the Disability Rights Education and Defense Fund (DREDF), and the Oregon Hospice & Palliative Care Association – alongside 16 other disability rights, end-of-life care, and patient advocacy organizations.

Now the case has been fully briefed on cross motions for summary judgment – meaning the parties have asked the court to rule in their favor on the merits without trial. November 16 is the day the judge hears the arguments that could decide whether homebound disabled and dying Oregonians will finally be able to access psilocybin services in their own homes.

The National Psychedelics Association is proud to have helped advance this case. The plaintiffs’ legal team includes Kathryn Tucker, NPA’s Legal Director, along with counsel from Perkins Coie, Kell Alterman & Kaplan, Disability Rights Oregon, and DREDF.

Why It Matters

This is the first case in the nation to squarely present the question of whether a state psychedelic services program must comply with the ADA. The answer will shape not only Oregon’s program, but how psilocybin access programs are designed in Colorado, New Mexico, and every state that follows.

At its heart, this case asks a question every one of us should sit with: will Oregon’s pioneering psilocybin program live up to its promise of inclusion and compassion? Some of the people who stand to benefit most from psilocybin-assisted therapy – those facing the end of life, people whose illnesses leave them homebound – are precisely the people the current rules exclude. Delay has real costs. As Kathryn Tucker has said, patients who might have found relief “will die in unrelieved suffering” while access is denied.

The court has set a deadline of November 9, 2026 for the parties to submit bench copies of their exhibits – and the argument will follow one week later.

How You Can Support

• Attend the hearing: Monday, November 16, 2026, 1:30 PM, Eugene Courtroom 1, U.S. District Court, District of Oregon. Open to the public. A strong courtroom showing tells the court – and the state – that the community is watching.
• Spread the word: Share this update with facilitators, healthcare providers, disability rights advocates, and anyone touched by end-of-life care.
• Stay informed: Follow NPA’s newsletter and social channels for a full recap after the argument.
• Get involved: If you are a facilitator, provider, or advocate who wants to support 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.