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Res. 2195 - Referral to Electors regarding Psilocybin related businesses COUNCIL BILL NO. 3194 RESOLUTION NO. 2195 A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF WOODBURN THE QUESTION OF PROHIBITING PSILOCYBIN-RELATED BUSINESSES WITHIN THE CITY OF WOODBURN; ADOPTING A BALLOT TITLE AND EXPLANATORY STATEMENT; AND AUTHORIZING ALL STEPS NECESSARY TO EFFECTUATE THIS RESOLUTION WHEREAS, in November 2020, Oregon voters approved Ballot Measure 109, known as the Oregon Psilocybin Service Act (codified at ORS 475A), which allows for the manufacture, delivery and administration of psilocybin at licensed facilities; and WHEREAS, ORS 475A.718 provides that a city council may adopt an ordinance to be referred to the electors of the city prohibiting the establishment of state licensed psilocybin product manufacturers and/or psilocybin service centers in the area subject to the jurisdiction of the city; and WHEREAS, the Woodburn City Council believes that prohibiting psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries is in the best interest of the health, safety and welfare of the people of Woodburn; and WHEREAS, the Woodburn City Council voted to adopt Ordinance No. 2606, which declares a ban on psilocybin product manufacturers and psilocybin service centers in the City of Woodburn and refers the matter to the electors of Woodburn; NOW, THEREFORE, THE CITY RESOLVES AS FOLLOWS: Section 1. The City Council refers to the November 8, 2022, election a ballot measure proposing to establish a ban on the establishment of state- licensed psilocybin product manufacturers and psilocybin service centers within the City of Woodburn. Section 2. The City Council adopts the Ballot Title for the proposed measure as set forth in Exhibit A. Section 3. The City Council adopts the Explanatory Statement for the Ballot Title as set forth in Exhibit B. Page 1 - Council Bill No. 3194 Resolution No. 2195 Section 4. The Ballot Title and Explanatory Statement adopted by this Resolution shall be filed with the City Elections Officer. The City Attorney and City Elections Officer are jointly and severally authorized and directed to take all necessary steps for and on behalf of the City to effectuate this Resolution, including providing public notice and submitting required materials to the County Elections Officer to cause the measure to appear on the ballot for the November 8, 2022, election and to otherwise carry out the intent and purpose of this Resolution. Section 5. The City Ordinance that is the subject of this referral is attached hereto and incorporated herein as Exhibit C. Approved as to form: ¢- 0, City A tfo r n e y ,jWc--W6XAw,?1'e DA Approved: Eric Swenson, Mayor Passed by the Council A A),q- Ki U Submitted to the Mayor AQJ4 14 7167Z Approved by the Mayor A JA,�<P Z-,LZ,'Z— V Filed in the Office of the Recorder ATTEST: P( PA Heather Pierson, City Recorder City of Woodburn, Oregon Page I - Council Bill No. 3194 Resolution No. 2195 EXHIBIT A BALLOT TITLE CAPTION: Prohibits psilocybin-related businesses within the City of Woodburn. QUESTION: Shall the City of Woodburn prohibit psilocybin service centers and the manufacture of psilocybin in Woodburn? SUMMARY: State law allows for the manufacturing, transportation, delivery, sale and purchase of psilocybin, the psychedelic drug found in certain mushrooms. State law provides that a local government may adopt an ordinance to be referred to the voters to prohibit the establishment of certain psilocybin-related businesses. Approval of this measure would prohibit the establishment of psilocybin service centers and the manufacture of psilocybin products within the jurisdictional boundary of Woodburn. Page 1 - Council Bill No. 3194 Resolution No. 2195 EXHIBIT B EXPLANATORY STATEMENT Approval of this measure would prohibit the establishment and operation of psilocybin-related businesses within the City of Woodburn. Psilocybin is a naturally occurring psychedelic compound derived from certain mushrooms. Oregon voters legalized psilocybin through Ballot Measure 109 (2020), which directed the Oregon Health Authority to develop a psilocybin licensing and regulatory program for the state by January 2, 2023. Under Ballot Measure 109, a city council may adopt an ordinance prohibiting the establishment of psilocybin-related businesses within its city, but the council must refer the ordinance to the voters at a statewide general election. The City of Woodburn City Council has adopted an ordinance prohibiting the establishment of psilocybin-related businesses within Woodburn and, as a result, has referred this measure to the voters. A "Yes" vote means psilocybin-related businesses are prohibited within Woodburn. A "No" vote means that psilocybin-related businesses would not be prohibited within Woodburn. Page 1 - Council Bill No. 3194 Resolution No. 2195 EXHIBIT C CITY ORDINANCE SUBJECT TO REFERRAL Page 1 - Council Bill No. 3194 Resolution No. 2195 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE DECLARING A BAN ON PSILOCYBIN SERVICE CENTERS AND THE MANUFACTURE OF PSILOCYBIN PRODUCTS. WHEREAS, in November 2020, Oregon voters approved Ballot Measure 109, known as the Oregon Psilocybin Service Act (codified at ORS 475A), which allows for the manufacture, delivery and administration of psilocybin at licensed facilities; and WHEREAS, ORS 475A.235 provides that the Oregon Health Authority will regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in the state; and WHEREAS, the Oregon Health Authority has initiated a rulemaking process to implement the state's psilocybin regulatory program and intends to begin accepting applications for psilocybin-related licenses on January 2, 2023; and WHEREAS, ORS 475A.718 provides that a city council may adopt an ordinance to be referred to the electors of the city prohibiting the establishment of state licensed psilocybin product manufacturers and/or psilocybin service centers in the area subject to the jurisdiction of the city; and WHEREAS, the Woodburn City Council believes that prohibiting psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries is in the best interest of the health, safety and welfare of the people of Woodburn; and WHEREAS, the City Council seeks to refer to the voters of Woodburn the question of whether to establish a ban on state-licensed psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Prohibition. The establishment of psilocybin product manufacturers licensed under ORS 275A.290 and psilocybin service centers licensed under ORS 475A.305 is prohibited in the City of Woodburn. Page 1 - COUNCIL BILL NO. ORDINANCE NO. Section 2. Referral. This Ordinance is referred to the electors of the City of Woodburn for approval at the next statewide general election on November 8, 2022. Section 3. Effective Date. This Ordinance shall take effect and become operative thirty (30) days after the date on which it is approved by a majority of the voters of the City of Woodburn. Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. ORDINANCE NO.