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Lebanon Township committee introduces ordinance to bar commercial psilocybin production

Lebanon Township Committee · August 21, 2024
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Summary

Lebanon Township introduced Ordinance O-11-2024 to prohibit commercial production, manufacturing and service provisioning of psilocybin and related substances, referring the measure to the planning board and scheduling a public hearing for Sept. 18, 2024. Committee members said state legislation and federal scheduling leave local authority unclear, prompting a precautionary local restriction.

The Lebanon Township Committee on Aug. 21 introduced Ordinance O‑11‑2024, amending Chapter 400 of the municipal code to prohibit the commercial production, manufacturing and service provisioning of psilocybin, psilocin and psilocybe spores within township limits. The ordinance was referred to the township planning board for review and a public hearing was scheduled for Sept. 18, 2024.

A committee member who spoke at length about the draft ordinance noted state legislation now under consideration — described in the meeting as Senate Bill 2283 — would establish a Psilocybin Behavioral Health Access and Services Act permitting licensed production and service centers. The member said that, because the bill’s fiscal impacts remain indeterminate and federal law still lists psilocybin as a Schedule I substance, the township is taking a conservative approach to land‑use regulation by treating commercial psilocybin facilities similarly to cannabis establishments already controlled under local zoning rules.

The ordinance as introduced focuses on commercial activity and does not purport to criminalize personal possession or use by township residents, mirroring language in the state bill noted by the committee. Committee members discussed the possibility of legal challenge and uncertainty about the municipal ability to “opt out,” but emphasized it is prudent to have local land‑use rules in place while state and regulatory details are finalized.

The measure will be reviewed by the planning board; if the planning board and committee do not receive timely comments the township plans a public hearing on Sept. 18, 2024. Committee members encouraged residents to attend and follow the planning board process.