BEND, OR -- Two days after agreeing to send a measure to the November ballot asking voters to ban psilocybin facilities in unincorporated areas, Deschutes County Commissioners began talking Wednesday about land use guidelines, should that measure fail.

County Community Development Director Peter Gutowsky told Commissioners, "Deschutes County - as I take a breath - is at the forefront of this issue. To my knowledge, you are the first county to officially adopt an opt out ordinance to refer the matter to the voters. You are the first county that has directed staff to develop TPM [Time, Place & Manner] amendments with a specific concept in mind." He added, "We don’t have the luxury of looking ahead to other jurisdictions that have had these conversations, that have engaged their legal counsel, that have engaged their County Commissioners with questions and comments. I dare say, most counties are tracking our process." 

Commissioner Phil Chang, the lone opponent of a ban, expressed frustration with discussion of another land use public hearing, "Again, I’m highly skeptical that, based on our recent performance in relation to this issue, that public testimony is going to be honored and utilized." He pointed to last month’s hearing, when Commissioners heard from around 80 people. Chang says after 90% testified in opposition to an opt out measure, the other two Commissioners still voted to send it to the ballot. Commission Patti Adair insisted they're trying to protect the interests of rural residents.

If the November opt-out measure fails and psilocybin treatment and manufacturing facilities are allowed in uncorporated Deschutes County, any land use restrictions must be in place before January's state rollout of the psilocybin program. 

Oregon legalized psilocybin with Measure 109, which passed in 2020 with nearly 53% support in Deschutes County.