Sarah Brown
Psilocybe mushrooms, often referred to as magic mushrooms, are known for their psychedelic effects and have been used in various cultures for medicinal and religious purposes. Despite their long history of use, the legal status of Psilocybe mushrooms is ambiguous in many places, with most US state courts considering them illegal. However, in recent years, there has been a shift towards decriminalization and regulated access for medical purposes. In April 2025, New Mexico became the third state in the US to legalize access to Psilocybin for medical use through the Medical Psilocybin Act. This move raises important questions about the potential benefits of Psilocybe mushrooms and the role they could play in treating certain medical conditions.
| Characteristics | Values |
|---|---|
| State | New Mexico |
| Psilocybin Legalization Date | April 7, 2025 |
| Legalization Name | Medical Psilocybin Act |
| Legalization Type | Legislation |
| Qualifying Conditions | Major treatment-resistant depression, PTSD, substance use disorders, end-of-life care |
| Advisory Board Members | 9 |
| Advisory Board Members Requirements | Knowledgeable about the medical use of psilocybin, includes members from Indian Nation, behavioral health advocate, veteran |
| Implementation Date | December 31, 2027 |
| Psilocybin Administration | Approved health care provider licensed in New Mexico, in an approved setting |
| Psilocybin Exemption | Used for research or by qualified patients |
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What You'll Learn
- Psilocybin mushrooms are now decriminalised in New Mexico for medical use
- Qualifying conditions include major treatment-resistant depression, PTSD, substance use disorders and end-of-life care
- A nine-member advisory board will be set up to establish rules for licensing and requirements for producers
- The advisory board will also recommend approved medical conditions for inclusion in the program
- The program must be implemented by 31 December 2027
Psilocybin mushrooms are now decriminalised in New Mexico for medical use
On April 7, 2025, New Mexico became the third state in the US to decriminalize psilocybin mushrooms, often referred to as "magic mushrooms", for medical use. Governor Michelle Lujan Grisham signed the Medical Psilocybin Act (SB 219) into law, creating a legal pathway for patients to access this treatment. The Act received bipartisan support and passed in the House and the Senate with comfortable majorities.
The purpose of the Act is to allow the beneficial use of psilocybin in a regulated system to treat qualified medical conditions. Psilocybin must be administered by an approved healthcare provider who is licensed in New Mexico and in an approved setting. Qualifying conditions for treatment with psilocybin include major treatment-resistant depression, post-traumatic stress disorder (PTSD), substance use disorders, and end-of-life care. The New Mexico Department of Health will oversee the development and implementation of the program, which must be fully operational by December 31, 2027.
The Act establishes a nine-member Medical Psilocybin Advisory Board, tasked with recommending approved medical conditions for inclusion in the program, assisting in establishing best practice standards, and recommending dosage guidelines. The Board will include individuals with knowledge of the medical use of psilocybin, such as a mental health advocate, a representative of a healthcare authority, and a veteran.
The Act also includes a research fund to allow state universities to expand research into the use of psilocybin for various conditions and to identify the best strains of mushrooms for treatment. Additionally, the Act amends the New Mexico Controlled Substances Act to remove psilocybin and psilocin from the Schedule of controlled substances when used for qualified medical treatment. It is important to note that employers in New Mexico are not required to accommodate employees who are under the influence of psilocybin while at work.
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Qualifying conditions include major treatment-resistant depression, PTSD, substance use disorders and end-of-life care
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, following Colorado and Oregon. Governor Michelle Lujan Grisham signed the Medical Psilocybin Act into law, decriminalizing psilocybin, often referred to as "magic mushrooms", for the treatment of specific conditions. The act also establishes a nine-member Medical Psilocybin Advisory Board, which will be responsible for recommending approved medical conditions, assisting in establishing standards for psilocybin use, and recommending dosage guidelines.
The qualifying conditions for psilocybin treatment in New Mexico include major treatment-resistant depression, post-traumatic stress disorder (PTSD), substance use disorders, and end-of-life care. These conditions are considered "qualifying" due to the potential therapeutic benefits of psilocybin in addressing treatment-resistant mental health disorders and providing support during end-of-life situations.
Major treatment-resistant depression is a form of depression that has not responded adequately to traditional treatments, such as antidepressant medications or talk therapy. Psilocybin, in a controlled therapeutic setting, has shown promise in helping to alleviate symptoms of depression and improving overall mental well-being. PTSD, or post-traumatic stress disorder, is a mental health condition that can occur after a traumatic event, and it is often characterized by intrusive thoughts, memories, or nightmares, as well as emotional numbness and hyperarousal. Psilocybin-assisted therapy has been found to help individuals process traumatic experiences and reduce the severity of PTSD symptoms.
Substance use disorders refer to problematic patterns of substance use that lead to significant impairment or distress. Psilocybin-assisted therapy has been explored as a potential treatment option to support individuals in reducing substance cravings, managing withdrawal symptoms, and promoting long-term recovery. End-of-life care relates to providing comfort and support to individuals who are nearing the end of their lives. Psilocybin therapy in this context can help alleviate psychological distress, enhance spiritual well-being, and provide a sense of peace and acceptance during the end-of-life journey.
While New Mexico has legalized psilocybin for these qualifying conditions, it is important to note that the program is still in the process of being implemented and is not yet fully operational. The law requires the program to be implemented by December 31, 2027, and until then, employers are not obligated to accommodate employees under the influence of psilocybin in the workplace.
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A nine-member advisory board will be set up to establish rules for licensing and requirements for producers
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, signed into law by Governor Michelle Lujan Grisham, establishes a nine-member advisory board, called the Medical Psilocybin Advisory Board, which will be responsible for establishing rules and requirements for licensing psilocybin providers and producers.
The board will consist of individuals with knowledge of the medical use of psilocybin and will include at least one member enrolled in an Indian nation, tribe, or pueblo located in New Mexico, a mental or behavioral health equity advocate, a representative of the healthcare authority, and a veteran of the US armed forces. The board will be tasked with recommending approved medical conditions for the program, assisting in establishing and monitoring best practice standards, and recommending dosage standards.
The Act also establishes two funds: the medical psilocybin treatment fund, which will be used to fund treatments for qualified patients who meet defined income requirements, and the medical psilocybin research fund, which will support research conducted by state research universities and healthcare providers.
While the law has been passed, it is expected to take a few years for the program to be fully operational. In the meantime, employers in New Mexico are encouraged to review their drug testing and accommodation policies regarding medical psilocybin for qualified patients. The program must be implemented by December 31, 2027, and the New Mexico Department of Health is currently working on the process for implementation.
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The advisory board will also recommend approved medical conditions for inclusion in the program
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, following Colorado and Oregon. The Medical Psilocybin Act, signed into law by Governor Michelle Lujan Grisham, establishes a regulated program for the medical use of psilocybin to treat qualified medical conditions. The program is set to be fully implemented by December 31, 2027.
The Act creates a nine-member Medical Psilocybin Advisory Board, which will include individuals knowledgeable about the medical use of psilocybin, behavioral health, and advocacy for specific communities such as Native residents and veterans. This board will play a crucial role in recommending approved medical conditions for inclusion in the program.
The advisory board's responsibilities extend beyond suggesting medical conditions. They will also assist the Department of Health in establishing, monitoring, and evaluating best practice standards for psilocybin usage. Additionally, they will provide recommendations for dosage standards, ensuring safe and effective treatment protocols.
While the program is still in its early stages, the advisory board's recommendations will be instrumental in shaping the final framework. Their expertise will help determine which medical conditions can benefit from psilocybin treatment, always prioritizing the needs and well-being of patients.
It is worth noting that the Act expressly excludes FDA-approved products containing psilocybin from use in the program, except in specific research or patient treatment fund contexts. This exclusion highlights the focus on exploring the potential benefits of psilocybin for various medical conditions.
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The program must be implemented by 31 December 2027
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, following Colorado and Oregon. Governor Michelle Lujan Grisham signed the Medical Psilocybin Act into law, decriminalizing the use of "magic mushrooms" for treatment in cases of major treatment-resistant depression, post-traumatic stress disorder, substance use disorders, and end-of-life care. The Act also establishes a nine-member Medical Psilocybin Advisory Board, which will be responsible for recommending approved medical conditions, assisting in establishing best practice standards, and recommending dosage standards.
The Act expressly excludes US Food and Drug Administration (FDA)-approved products that contain psilocybin from use in the program. However, it carves out an exception for FDA-approved products in research conducted by state research institutions or health care providers using grants from the medical psilocybin research fund. The Act also allows qualified patients to access treatments funded through the medical psilocybin treatment equity fund.
The New Mexico Department of Health (DOH) is responsible for developing and overseeing a program that provides regulated access to psilocybin for qualifying patients with specific medical conditions. Psilocybin must be administered by an approved licensed healthcare provider in an approved setting. The program must be fully implemented by December 31, 2027, and it is expected to take a few years to be fully operational. In the meantime, employers in New Mexico are advised to review their drug testing and accommodations policies concerning medical psilocybin for qualified patients.
The Medical Psilocybin Act received bipartisan support and passed in the House and Senate with overwhelming majorities. The Act's purpose is to allow the beneficial use of psilocybin in a regulated system to alleviate qualified medical conditions. The Act also provides a gross receipts tax deduction for medical psilocybin and outlines penalties for violations. The Department of Health will collect data from producers, clinicians, and qualified patients to evaluate the program's efficacy and publish an annual assessment, considering the needs of patients in rural areas and those in federal subsidized housing or on reservations.
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Frequently asked questions
No, they are not. Psilocybin mushrooms were decriminalized in New Mexico in April 2025, following the enactment of the Medical Psilocybin Act.
The Medical Psilocybin Act establishes a regulated program for the medical use of psilocybin to treat qualified medical conditions such as major treatment-resistant depression, PTSD, substance use disorders, and end-of-life care. The Act also establishes a Medical Psilocybin Advisory Board, which will be responsible for recommending approved medical conditions, assisting in establishing best practice standards, and recommending dosage standards.
A "qualifying patient" is defined as an individual who has been diagnosed with a "qualifying condition" by a licensed healthcare provider in New Mexico. Qualifying conditions currently include major treatment-resistant depression, PTSD, substance use disorders, and end-of-life care. The Department of Health has the authority to add other conditions to this list.
