Regulations

PT477 – Oregon Measure 109: The Possibilities of Service Centers & What Businesses Should Consider

January 12, 2024
Featuring: Kaci Hohmann & Dave Kopilak

In this episode, recorded in-person at the recent reMind conference, Joe interviews Kaci Hohmann and Dave Kopilak: business attorneys at Emerge Law Group and co-chairs of Emerge’s psychedelics practice group. Hohmann also serves as Chair of the Oregon State Bar’s Cannabis and Psychedelics Law Section.

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In this episode, recorded in-person at the recent reMind conference, Joe interviews Kaci Hohmann and Dave Kopilak: business attorneys at Emerge Law Group and co-chairs of Emerge’s psychedelics practice group. Hohmann also serves as Chair of the Oregon State Bar’s Cannabis and Psychedelics Law Section.

They were both drafters of Oregon Measure 109 (with Kopilak as the primary drafter), so this episode goes deep into the details, legalities, and possibilities behind Measure 109. What licenses are involved? What does a business heading to Oregon need to prepare for? What do they think the feds will do and how does that relate to cannabis’ Cole Memorandum? What is tax code 280E and how can its effects be minimized? What do they see the future looking like?

They discuss what they do for clients at Emerge Law Group; the differences between the cannabis and psychedelics industries; why service centers are likely more important than the products; and how the psilocybin service center experience is more like a relationship with clients than anything in the cannabis world, which makes everything much more complicated – but also much safer.

Joe also highlights some recent news, including MAPS PBC rebranding to Lykos Therapeutics, symptoms from traumatic brain injuries being improved by the combination of ibogaine and magnesium, and more!

Notable Quotes

“Cannabis growers have different philosophies on indoor/outdoor, all kinds of stuff that a discerning customer may or may not be interested in. So I think that some facilitators, just like service centers, can have any type of look and feel they want. Facilitators can have their own style of facilitation, which could range from anything: Indigenous/shamanistic or not, or health-oriented or something. And the ceremony part of it could be meaningful to folks or maybe not (like ‘here, take a capsule,’ you know). It sort of depends on a lot of things, but I think that’s interesting because it allows the facilitators to kind of mold their own ways of doing things and the service centers to mold their way of doing things. And you mix them all together and every experience might be unique.” -Dave

“I think there’s a lot of negative talk around Oregon’s program, or misconceptions. And I think some are valid, but overall, I think that things are going to trend in a positive direction, and I think as the program matures, we’re going to see a real healthy, sustainable program in Oregon. So I’m excited about the future, and I really enjoy all the clients that we work with. Everyone seems to be in it for great reasons. And I think that’s awesome, as an attorney, to be able to represent businesses who are doing something right in the world.” -Kaci

“I’m really hoping that this is a new industry that can, years from now, just be sustainable, be profitable for folks. So I want folks to stay in business. That’s why I want folks to go in with good business plans, good legal advice, good CPA advice, good business advice, know what they’re doing, play defense a little bit, not get sued (that’s a big one), get insurance when it’s available, and set a good example for other states. And I think if it proliferates like cannabis [did], that’s a great, great thing for the country. And I think it will. So every state will do things a little differently, there’s always things that can be improved under any system, but it’s all an evolution. We’re at the beginning stages, we just have to keep going and surviving.” -Dave

Links

Emergelawgroup.com

Emergelawgroup.com: Kaci Hohmann

Emergelawgroup.com: Dave Kopilak

Weedmaps.com: What is the Cole Memorandum?

Jdsupra.com: Section 280E and The Taxation of Cannabis Businesses

Links from the intro:

Psychedelicalpha.com: MAPS PBC Closes $100m Series A, Rebrands to Lykos Therapeutics

Nature.com: Magnesium–ibogaine therapy in veterans with traumatic brain injuries

Tenthamendmentcenter.com: New Hampshire Bill Would Legalize Several Psychedelics for Medical Use Despite Federal Prohibition

Scientificamerican.com: This Powerful Psychedelic Shows Promise for Relieving Traumatic Brain Injury

Marijuanamoment.net: DEA Confirms That Psychedelic Mushroom Spores Are Federally Legal Prior To Germination

Rockthebells.com: George Clinton to be Honored With Star on Hollywood Walk of Fame

Nytimes.com: Breathing Their Way to an Altered State

Kaci Hohmann

In this Episode

Kaci Hohmann

Kaci is a business attorney at Emerge Law Group. She was a member of the drafting team for Oregon Measure 109, which legalized psilocybin services in Oregon, she serves as co-chair of Emerge’s psychedelics practice group, and as Chair of the Oregon State Bar’s Cannabis and Psychedelics Law Section.

Socials: Linkedin

Photography by Portland Oregon Photographer Craig Mitchelldyer www.craigmitchelldyer.com

Dave Kopilak

Dave is a business attorney at Emerge Law Group and serves as co-chair of Emerge’s psychedelics practice group . He was the primary drafter of Oregon Measure 91 (which passed in 2014 and which legalized adult use cannabis) and Oregon Measure 109 (which passed in 2020 and which legalized psilocybin services).