John Miller
As of April 2025, New Mexico has become the third state in the US to decriminalize psilocybin, often referred to as magic mushrooms, joining Oregon and Colorado. The Medical Psilocybin Act, signed into law by Governor Michelle Lujan Grisham, allows for the legal access and use of psilocybin for specific medical conditions. While the law has been passed, the program is still a few years away from full implementation, and the complexities surrounding the legal status of psilocybin mushrooms in different jurisdictions remain.
| Characteristics | Values |
|---|---|
| Date of decriminalization of magic mushrooms | April 7, 2025 |
| State | New Mexico |
| Qualifying conditions | 1. Major treatment-resistant depression 2. Post-Traumatic Stress Disorder 3. Substance use disorders 4. End-of-life care |
| Additional qualifying conditions | Anxiety conditions and other types of depression |
| Legal status of psilocybin mushrooms | Illegal in most US states |
| Legal status of spores | Legal to possess in many areas |
| Legal status of growing mushrooms | Legal in some areas |
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What You'll Learn
- In 2025, New Mexico legalised medical use of psilocybin
- Psilocybin must be administered by an approved health care provider
- The Medical Psilocybin Act had bipartisan support
- Psilocybin is listed as a Schedule I drug under the UN Convention on Psychotropic Substances
- In 2022, magic mushrooms were illegal in New Mexico
In 2025, New Mexico legalised medical use of psilocybin
On April 7, 2025, New Mexico Governor Michelle Lujan Grisham signed the Medical Psilocybin Act into law, making it the third state in the U.S. to decriminalize the psychedelic compound for medical purposes. The Act, also known as SB-219, passed with bipartisan support and created a legal pathway for patients to access psilocybin, which is produced by certain types of mushrooms.
The New Mexico Department of Health will oversee a program that provides regulated access to psilocybin for qualifying patients with specific medical conditions. These conditions include major treatment-resistant depression, PTSD, substance use disorders, and end-of-life care. The Department may approve other conditions for inclusion in the program. Psilocybin must be administered by an approved healthcare provider who is licensed in New Mexico and in an approved setting.
The Act also establishes a nine-member Medical Psilocybin Advisory Board, which will include individuals with knowledge of the medical use of psilocybin, such as a representative from an Indian nation or tribe and a mental or behavioral health advocate. The Board will recommend approved medical conditions, assist in establishing best practice standards, and advise on dosage. Additionally, the Act creates two funds: a treatment fund to help qualified patients with financial needs and a research fund for grants to state universities.
While New Mexico has legalized access to psilocybin for medical purposes, it is important to note that the program is still in its early stages. The advisory board is yet to be established, and the first patients are not expected to receive treatment until 2027 or 2028. In the meantime, employers in New Mexico are not required to accommodate employees under the influence of psilocybin at work and may review their drug testing and accommodation policies.
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Psilocybin must be administered by an approved health care provider
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, often referred to as "magic mushrooms", for medical use. Governor Michelle Lujan Grisham signed the Medical Psilocybin Act into law, which allows patients to access psilocybin for the treatment of qualifying conditions.
The Act specifies that psilocybin must be administered by an approved health care provider who is licensed in New Mexico and in an approved setting. This ensures that patients receive the treatment in a safe and controlled environment under the supervision of a qualified professional. The law defines a "qualifying patient" as an individual who has been diagnosed with a "qualifying condition" and has been deemed medically appropriate for psilocybin treatment by a licensed healthcare provider.
Qualifying conditions for psilocybin treatment include major treatment-resistant depression, post-traumatic stress disorder (PTSD), substance use disorders, and end-of-life care. The Act also establishes a Medical Psilocybin Advisory Board, which will be responsible for creating rules for licensing providers and requirements for psilocybin producers. This board will consist of nine members knowledgeable about the medical use of psilocybin, including representatives from Native American communities and behavioral health advocates.
It is important to note that the legalization of psilocybin in New Mexico is specifically for medical purposes and does not permit recreational use. Additionally, employers in New Mexico are not required to accommodate employees who are under the influence of psilocybin while at work. While the program is not yet fully operational, it represents a significant step forward in recognizing the potential medical benefits of psilocybin and providing alternative treatment options for patients in need.
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The Medical Psilocybin Act had bipartisan support
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, often referred to as "magic mushrooms", following in the footsteps of Colorado and Oregon. Gov. Michelle Lujan Grisham signed the Medical Psilocybin Act into law, making it the first state to do so through legislation. The Act had bipartisan support, passing in the House with a vote of 56-8 and in the Senate with a vote of 33-4.
The Medical Psilocybin Act decriminalizes psilocybin for the treatment of major treatment-resistant depression, post-traumatic stress disorder (PTSD), substance use disorders, and end-of-life care. It establishes a nine-member Medical Psilocybin Advisory Board, which will include members knowledgeable about behavioral health and advocates for the needs of specific groups, such as Native residents and veterans. This board will be responsible for creating rules for licensing providers and requirements for psilocybin producers.
The University of New Mexico has been a leader in psychedelic research, providing a strong medical basis for this treatment. The Act also allows the New Mexico Department of Health to add qualifying conditions to the list, which could include anxiety disorders and other types of depression. An equity fund has also been included in the bill to help patients who cannot afford the treatment costs.
While the Medical Psilocybin Act has been passed, it will take a few years for the program to be fully operational. Employers in New Mexico are not required to accommodate employees under the influence of psilocybin at work. The implementation of this Act demonstrates the recognition by state lawmakers of the potential medical benefits of psilocybin in treating various conditions. Furthermore, it reflects the strong bipartisan support for controlled psilocybin use in treatment, as seen in a representative sample of US Americans, where participants rated the decision as morally positive.
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Psilocybin is listed as a Schedule I drug under the UN Convention on Psychotropic Substances
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, a psychedelic compound produced by certain types of mushrooms. The Medical Psilocybin Act allows patients to access psilocybin for the treatment of major treatment-resistant depression, post-traumatic stress disorder, substance use disorders, and end-of-life care. However, it is important to note that psilocybin itself remains illegal under federal law and is listed as a Schedule I drug under the United Nations Convention on Psychotropic Substances.
The UN Convention on Psychotropic Substances of 1971 is a treaty that requires its signatories to prohibit or restrict certain drugs, including psilocybin. Schedule I drugs are defined as substances with a high potential for abuse and no recognized medical uses. Psilocybin, the active compound in psychedelic mushrooms, falls under this category due to its potential for abuse and lack of recognized medical benefits at the time of the convention's adoption.
While the convention does not directly regulate psilocybin mushrooms, many countries have implemented their own laws regarding the possession, use, and sale of these mushrooms based on the framework provided by the convention. In the United States, for example, most state courts have considered psychedelic mushrooms a "container" of the illicit drug psilocybin, making them illegal to possess or consume. However, there has been ambiguity and selective enforcement in some jurisdictions, and a few states have specifically exempted mushroom spores from regulation.
The classification of psilocybin as a Schedule I drug has been controversial due to its traditional medicinal and religious uses in various cultures and its potential therapeutic benefits. Researchers have suggested that psilocybin may have value in treating mental health disorders, and if successful in clinical trials, it could be reclassified to a lower schedule with tighter control. The decision to legalize access to psilocybin in New Mexico reflects a growing recognition of its potential medical benefits and a shift towards exploring alternative treatments for certain conditions.
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In 2022, magic mushrooms were illegal in New Mexico
As of 2022, magic mushrooms were illegal in New Mexico. While the state had a history of debating the legality of the substance, with some arguing that a 16-year-old court case had made it legal to grow psychedelic mushrooms, the drug psilocybin, which is present in magic mushrooms, was still considered illegal.
In 2005, the New Mexico Court of Appeals overturned a conviction of an individual charged with trafficking psychedelic mushrooms. Many interpreted this as legal permission to grow magic mushrooms for personal use. However, legal expert Ahmad Assad disagreed, stating that the court case pertained to drug trafficking and not possession.
Despite this ambiguity, most US state courts considered magic mushrooms illegal, classifying them as "containers" of illicit drugs. Additionally, the cultivation of psilocybin mushrooms was often regarded as drug manufacture and penalized accordingly.
While there was a growing movement across the country to decriminalize psychedelic mushrooms, with places like Oregon, Denver, and Seattle leading the way, New Mexico had not introduced any bills for the decriminalization of psilocybin mushrooms as of 2021.
It is important to note that the legal status of unauthorized actions with psilocybin mushrooms varies worldwide, and the information provided here specifically addresses the context of New Mexico in 2022.
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