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Oregon's draft psilocybin rules add a new potency line to product labels

Oregon has posted draft psilocybin program rules that would put a "total psilocybin equivalent" figure on every product label and split the dose averages service centers report to the state. A rules advisory committee meets on November 2 and 4, 2026, and the state plans an effective date of January 15, 2027.

What the draft rules would change

The Oregon Health Authority (OHA) posted an 89-page draft of OAR 333-333, the rules for Oregon Psilocybin Services (OPS), for a rules advisory committee (RAC) meeting in November.1 Three changes matter for anyone reading potency numbers.

A new label line. Draft OAR 333-333-2400(3) adds a required item: "The total psilocybin equivalent ... expressed in milligrams per package". It sits beside the psilocybin and psilocin lines labels already carry.1

An old line removed. The draft deletes section (5) of the same rule, which today requires labels to show "total potential psilocin" and other values the lab identifies.12

A split in dose reporting. Service centers now report one average session amount to the state.3 The draft would have them report two averages: one for sessions at or below a low cutoff, set in milligrams of psilocybin analyte, and one for sessions above it.1

The draft defines the new figure as "the sum of psilocybin analyte concentration and 1.4 times the psilocin analyte concentration. This number is the maximum theoretical concentration of psilocybin in the sample."1

Potency lines on Oregon psilocybin labels, current rule and draft12
Label itemCurrent ruleDraft rule
Psilocybin, in milligramsRequiredRequired
Psilocin, in milligramsRequiredRequired
Total potential psilocinRequired under section (5)Section deleted
Total psilocybin equivalentNot requiredRequired, per package

Where the changes come from

The dose-reporting split implements House Bill 4040, Oregon Laws 2026, chapter 109, an omnibus health bill. Its section 38 amends ORS 475A.372 to require the same two averages, and section 39 makes that change operative on January 1, 2027.4 The bill doesn't address labels.

The first RAC agenda lists HB 4040 and the OPS 2026 Psilocybin Product Potency Workgroup as references.5 That group met on March 3, 2026 after licensees raised concerns about high-psilocin products.6 A separate OHA testing proposal would make labs report the same total psilocybin equivalent, as we reported on October 20.

What Oregon labels say today

Under the current rule, in effect since January 1, 2026, labels must show psilocybin and psilocin in milligrams from the product's potency test. They must also state that activation times "are variable and cannot be accurately predicted" and that the "risks, benefits, and drug interactions of psilocybin are not fully understood".2 The draft's label changes described above add one combined total and remove the other.

What isn't changing: license fees

An earlier OHA proposal, filed August 28, 2026, would have raised psilocybin license fees from January 1, 2027.7 OHA has since said it "will not file final rules as a result of that rulemaking process and will not adopt the proposed fee increases".8 KLCC reported the decision on September 23.10 We found no new Oregon psilocybin license fees taking effect in January 2027.

Why it matters if you read potency numbers

If adopted, every regulated Oregon package would carry one combined potency figure in psilocybin terms. That figure won't match older labels: by our arithmetic from the two formulas, total psilocybin equivalent runs about 1.4 times total potential psilocin for the same product. Comparing an old label with a new one, or an Oregon label with a Colorado one, means checking which total you're looking at. Our guide to capsule labels covers the other gaps a label can hide.

The reporting split matters for the state's own data. OHA notes that "service centers are responsible for making their own calculations for averages such as average dosage".3 A single average blends small sessions with larger ones. Reporting the low end separately keeps the two apart. For what lab studies have measured in mushrooms themselves, see our psilocybin potency data.

What happens next

  • November 2, 2026, 3:00 to 5:00 p.m. PT: first RAC meeting, open to the public.8
  • November 4, 2026, 1:00 to 3:00 p.m. PT: second RAC meeting.8
  • November 6, 2026, 9:00 a.m. to noon PT: quarterly meeting of the Oregon Psilocybin Advisory Board.9
  • December 2026: public comment period on the draft, "before the rules are adopted in early 2027".1
  • January 1, 2027: HB 4040's changes to ORS 475A.372 become operative.4
  • January 15, 2027: planned effective date of the new rules.8

Sources

  1. Draft OAR 333-333 rules for the November 2026 rules advisory committee. Oregon Health Authority, October 2026.
  2. OAR chapter 333, division 333 (current rule text, including OAR 333-333-2400). Oregon Secretary of State, retrieved October 26, 2026.
  3. Oregon Psilocybin Services data dashboard. Oregon Health Authority, retrieved October 26, 2026.
  4. House Bill 4040, enrolled (Oregon Laws 2026, chapter 109). Oregon Legislative Assembly, 2026.
  5. Rules advisory committee meeting 1 agenda, November 2, 2026. Oregon Health Authority.
  6. 2026 Psilocybin Product Potency Workgroup. Oregon Psilocybin Services, Oregon Health Authority, 2026.
  7. Notice of proposed rulemaking, OAR 333-333 (license fees). Oregon Health Authority, filed August 28, 2026.
  8. Psilocybin administrative rules. Oregon Health Authority, retrieved October 26, 2026.
  9. OPS 2026 Summer Newsletter. Oregon Psilocybin Services, Oregon Health Authority, 2026.
  10. Oregon abandons proposed fee hikes for psilocybin therapy industry. KLCC, September 23, 2026.