Oregon Psychedelics Business Formation

In 2020, Measure 109 in Oregon legalized the medicinal and therapeutic use of psilocybin in licensed service centers in the state.

This was considered a “breakthrough” moment for psychedelics businesses, leading to other states reviewing their laws and passing legislation that recognizes the medicinal value of “magic mushrooms” and other psychedelic substances.

While Colorado and some U.S. cities have decriminalized psychedelic substances, Oregon became the first state to legalize psilocybin. This has prompted potential investors, entrepreneurs, and medical practitioners to investigate the opportunities of forming businesses offering psilocybin treatments in the state.

Oregon Psychedelics Business Formation

Psychedelics business formation in Oregon is not without its obstacles, as the industry “beds down” and the regulations take shape. Psilocybin is a controlled substance at the federal level and illegal in almost every other state, so seeking legal assistance from knowledgeable psychedelics business formation attorneys is essential.

The lawyers at Cannabis Law Solutions can help you navigate the significant challenges involved in setting up a psilocybin business here—just as we’ve done for many cannabis businesses across the country.

Business formation services in Oregon

Forming a psychedelics business in Oregon is different from forming most other types of businesses in the state.

Psychedelics remain a controversial topic—just as cannabis once was—and psilocybin business law in Oregon is complex. The challenges of becoming established in such a heavily regulated industry begin with the business formation process. 

Our psychedelics business attorneys have considerable experience in forming businesses in highly regulated industries, where every move is scrutinized by the authorities. 

We can help your new business begin with the right structure as well as meet the regulatory requirements of the licensing process by executing corporate documents, leases, and other documentation. 

Services include:

  • Entity selection and registration: limited liability company, corporation or other structure.
  • Preparing documentation for regulatory compliance and licensing (federal, state and local government).
  • Preparing articles of incorporation, partnership agreements, certificates of good standing, etc.
  • Preparation for corporate bylaws.

Structuring your business correctly and preparing it for a psychedelics business license application is a crucial element of a long-term success strategy. 

Other psychedelics business services for entities in Oregon

Our lawyers can also assist planned or emerging psychedelics businesses in Oregon with the following services:

  • Financing and capital contribution negotiations to improve the financial strength of your business.
  • Corporate governance and business operations (how your business will be run and overseen).
  • Drafting land use compatibility statements (LUCS).
  • Preparing agreements such as commercial contracts to safeguard your business.
  • Drafting employment contracts that look after your business and your employees.
  • Intellectual property protection to help you protect your ideas, products and ingenuity.
  • Ensuring psilocybin product compliance.

What types of psychedelics businesses can you start in Oregon?

Under the Measure 109 legislation, opportunities exist for entrepreneurs, health practitioners, and investors in Oregon to operate in the following areas of business:

  • Opening and operating a service center where psilocybin is used to treat patients.
  • Manufacturing psilocybin products for use in service centers.
  • Opening a laboratory testing facility for psilocybin-based products.
  • Providing training programs on psilocybin.

Facilitator licenses are also available for professional practitioners to work in service centers with patients requiring treatment from psilocybin-based products.

Psychedelics business regulation in Oregon 

The industry is regulated by the Oregon Health Authority. This department handles licensing and regulating the manufacture, transportation, delivery, sale, and purchase of psilocybin products and the provision of psilocybin services.

The licensing requirements are stringent and the startup costs can be high for certain types of businesses. Mistakes at any stage of the process can be costly—but especially early on during business formation and setup.

Our skilled psychedelics business formation attorneys can help your enterprise meet all the requirements set out by the Oregon Health Authority and avoid harsh penalties.

We’ll help you prepare your licensing application and navigate the challenging compliance regulations and legal hurdles at every stage.

LLC or corporation?

Most entrepreneurs wanting to start a psychedelics business in Oregon must choose between forming a Limited Liability Company (LLC) or a corporation.

Many factors affect this decision, including the number of business owners/investors, your business goals, tax requirements, etc.

LLC is the most common structure (owners rather than shareholders) allowing for greater decision-making and operations flexibility than with corporations, as well as fewer formalities/less paperwork and protection from personal liability from creditors.

A corporation (S-Corp or C-Corp) may be more attractive if certain tax advantages are associated with the stricture but it’s best to talk through your precise circumstances with a knowledgeable business attorney before finalizing your decision. 

Establish your psychedelics business in Oregon

Psychedelics are a new frontier. It can be challenging to locate an Oregon psilocybin lawyer with the necessary legal skills and expertise to offer reliable business advice in such an emerging and heavily regulated sector.

The knowledgeable psychedelics lawyers at Cannabis Law Solutions are equipped to help you with psychedelics business formation and assure the long-term health of your business. 

We can help whether you intend to set up in research, development, commercialization or medical practice involving psychedelics. Call 866-329-0729 for a consultation.

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How will our cannabis and psychedelic business services help you

Cannabis & psychedelics business entity formation

Whether you are looking to form a limited liability company (LLC) or a corporation, our experienced business lawyers can discuss the pros and cons of both and help you incorporate your business with the optimal structure to achieve your goals.

Cannabis & psychedelics business licenses

If you want to run a cannabis or psychedelics business, you will need a valid business license issued by your state authority as well as local permits. Eligibility criteria are likely to be stringent and we can help you navigate the often-complex license application process.

Cannabis & psychedelics corporate documentation

Whether you need to prepare for a license application, transfer of business ownership, change of corporate structure, transfer business location or another business process, we can help you identify and draft the documentation you need to operate legally in your state.

Cannabis & psychedelics administrative law

State authorities watch licensed and unlicensed cannabis and psychedelics businesses closely. If you violate regulations, you could face an administrative penalty. Our attorneys can provide representation or help you prepare for an administrative hearing, settlement conference or appeal.

Cannabis & psychedelics disputes and litigation

Whether you have a dispute with another business, a legal issue with one of your partners or a licensing or administrative issue, you may need legal assistance to help resolve it. We are adept at alternative dispute resolution methods as well as civil litigation.

Cannabis & psychedelics regulatory compliance

As the cannabis and psychedelics industries emerge in states around the U.S., they are more heavily regulated than most other industries. We can help your business navigate the red tape and plan to stay on the right side of the regulatory authorities in whichever state you are based.