Laura Smith
On April 7, 2025, New Mexico became the third state in the US to legalize the use of psilocybin, often referred to as magic mushrooms, for medical purposes. The Medical Psilocybin Act allows patients with qualifying conditions to access the psychedelic treatment under the guidance of a licensed healthcare provider. While the use of psilocybin for medical purposes is now legal in New Mexico, it is important to note that its recreational use may still be prohibited.
| Characteristics | Values |
|---|---|
| Date of decriminalization | April 7, 2025 |
| Qualifying conditions | Major treatment-resistant depression, PTSD, substance use disorders, and end-of-life care |
| Requirements for administration | Administered by an approved health care provider who is licensed in New Mexico and in an approved setting |
| Legal status of producers | Licensed by the state health department |
| Legal status of spores | Not mentioned |
| Legal status of employees under the influence | Employers are not required to accommodate employees under the influence of psilocybin at work |
| Legal status of service providers | Shielded from criminal prosecution for their work related to psychedelics |
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What You'll Learn
New Mexico's Medical Psilocybin Act
On April 7, 2025, New Mexico became the third state in the US to legalize the use of psilocybin, commonly known as magic mushrooms, for medical purposes. Governor Michelle Lujan Grisham signed Senate Bill 219, also known as the Medical Psilocybin Act, into law. The Act allows patients with qualifying conditions to access psilocybin-assisted therapy in a regulated manner.
Qualifying Conditions
According to the Act, the following conditions are eligible for psilocybin treatment:
- Major treatment-resistant depression
- Post-traumatic stress disorder (PTSD)
- Substance use disorders
- End-of-life care or end-of-life anxiety
The New Mexico Department of Health has the authority to add other qualifying conditions to this list in the future.
Administration and Oversight
The New Mexico Department of Health is responsible for overseeing the implementation of the Medical Psilocybin Program. Psilocybin must be administered by approved healthcare providers who are licensed in New Mexico and hold a permit to provide psilocybin services. These providers must follow specific protocols, including a preparation session, an administration session, and a follow-up integration session.
Advisory Board
The Act establishes a nine-member Medical Psilocybin Advisory Board, tasked with recommending approved medical conditions, assisting in establishing best practices, and recommending dosage standards. The Board must include members with diverse expertise and representation, including Native Americans, behavioral health advocates, veterans, and representatives of healthcare authorities.
Research and Funding
The Medical Psilocybin Act includes a research fund to support state universities in expanding research into the use of psilocybin for various conditions. Additionally, the Act provides for a gross receipts tax deduction for medical psilocybin services to enhance accessibility.
Employer Considerations
While the Act legalizes the use of psilocybin for medical purposes, employers in New Mexico are not required to accommodate employees who are under the influence of psilocybin while at work. It is important for employers to review their drug testing and accommodation policies in light of this new legislation.
The full implementation of the Medical Psilocybin Program is expected by December 31, 2027, and it is anticipated that this will provide a regulated and controlled framework for the use of psilocybin-assisted therapy in New Mexico.
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Qualifying conditions for treatment
On April 7, 2025, New Mexico became the third state in the US to legalise the use of psilocybin, or psychedelic mushrooms, for medical treatment. The Medical Psilocybin Act, signed into law by Governor Michelle Lujan Grisham, establishes a pathway for patients to access psilocybin-based treatment for specific conditions.
The Act lists the following qualifying conditions for treatment:
- Major treatment-resistant depression: Psilocybin has been found to be effective in treating major depressive disorders that have not responded to traditional treatments.
- Post-traumatic stress disorder (PTSD): Psilocybin-assisted psychotherapy has shown promising results in alleviating PTSD symptoms and promoting healing.
- Substance use disorders: Psychedelic-assisted therapy, including the use of psilocybin, has been explored as a potential treatment for substance use disorders, helping individuals overcome addictions and promote recovery.
- End-of-life care: Psilocybin has gained attention for its potential in end-of-life care, providing psychological support and easing distress associated with end-of-life situations.
It is important to note that the use of psilocybin is strictly regulated and must be administered by approved and licensed healthcare providers in authorised settings. Additionally, while these are the initial qualifying conditions, the Act also establishes a Medical Psilocybin Advisory Board to recommend and approve additional medical conditions for inclusion. This board will consist of nine members with expertise in the medical use of psilocybin and related fields, ensuring a comprehensive approach to the implementation of this treatment modality.
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Psilocybin Advisory Board
On April 7, 2025, New Mexico became the third state in the U.S. to legalize the use of psilocybin, a psychedelic compound produced by certain types of mushrooms, for medical purposes. Governor Michelle Lujan Grisham signed the Medical Psilocybin Act (SB-219) into law, creating a legal pathway for patients to access psilocybin. Notably, New Mexico is the first state to legalize psilocybin via legislation rather than a ballot initiative.
The New Mexico Department of Health will be 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 a licensed healthcare provider in an approved setting. The Act defines a "qualifying patient" as an individual, including minors, who has been diagnosed with a "qualifying condition" and judged by a licensed healthcare provider as a medically appropriate candidate for psilocybin treatment. The qualifying conditions currently include major treatment-resistant depression, PTSD, substance use disorders, and end-of-life care. However, the Department may approve other conditions for inclusion in the program.
To assist in these efforts, the Act instructs the Secretary of the Department of Health to establish a Medical Psilocybin Advisory Board. This board will consist of nine members who are knowledgeable about the medical use of psilocybin and will ensure that the program is guided by expert advice. The board's composition must include specific representatives, such as a member enrolled in an Indian nation, tribe, or pueblo within New Mexico, a mental or behavioral health equity advocate, a representative of the healthcare authority, and a veteran of the U.S. armed forces.
The Medical Psilocybin Advisory Board will have several key responsibilities. They will recommend approved medical conditions for inclusion in the program, assist in establishing and evaluating best practice and dosage standards for psilocybin, and establish rules for licensing providers and requirements for psilocybin producers. Additionally, the Act created two funds: a treatment fund to support qualified patients with defined income requirements and a research fund for state research universities to expand their studies on psilocybin's effectiveness in treating various conditions.
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Implementation by 2027
On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, often referred to as psychedelic mushrooms, for medical use. Governor Michelle Lujan Grisham signed Senate Bill 219, also known as the Medical Psilocybin Act, into law, creating a legal pathway for patients to access this psychedelic compound for treatment.
The 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 also allows the New Mexico Department of Health to approve additional conditions for treatment with psilocybin. The treatment must be administered by an approved licensed healthcare provider in New Mexico and in an approved setting.
The Act establishes a Medical Psilocybin Advisory Board, consisting of nine members knowledgeable about the medical use of psilocybin. The Board will be responsible for recommending approved medical conditions, assisting in establishing best practice standards, and recommending dosage standards. The Act also includes a research fund for state universities to expand research into the use of psilocybin for various conditions and to identify the best strains of mushrooms for treatment.
While the Medical Psilocybin Act was signed into law in 2025, the program must be implemented by December 31, 2027. In the meantime, the Department of Health will work with stakeholders, including the Board, healthcare providers, and state higher education institutions, to develop and oversee the program. They will establish guidelines for training, dosage, approved settings, production, and storage protocols, as well as best practices for clinicians and producers.
By 2027, licensed healthcare providers in New Mexico will be able to offer medical psilocybin services to qualifying patients, following the established guidelines and best practices. The program will be regularly evaluated through data collection from producers, clinicians, and patients to ensure its efficacy and consider the needs of patients in various situations, including those in rural areas and on reservations.
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Psilocybin decriminalized, not legalized
On April 7, 2025, New Mexico became the third state to legalize access to psilocybin, following Colorado and Oregon. Despite this, it is important to note that psilocybin has been decriminalized, not legalized, in New Mexico. This means that while it remains illegal, law enforcement agencies are less likely to prosecute individuals, and penalties are significantly reduced or removed.
The Medical Psilocybin Act, or SB-219, was signed into law by Governor Michelle Lujan Grisham, creating a legal pathway for patients to access psilocybin for the treatment of major treatment-resistant depression, post-traumatic stress disorder, substance use disorders, and end-of-life care. The Act had bipartisan support and passed in the House and Senate with a comfortable majority.
The New Mexico Department of Health will oversee a program that provides regulated access to psilocybin for qualifying patients with certain medical conditions. 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 mental health advocate and a representative of a healthcare authority.
The Board will be responsible for recommending approved medical conditions for inclusion in the program, assisting in establishing and evaluating best practice standards, and recommending dosage standards. Additionally, the Act includes an amendment to the New Mexico Controlled Substances Act, removing psilocybin and psilocin from the Schedule I substances list when used under the Act.
While New Mexico has legalized access to psilocybin for medical purposes, it is important to note that it is not fully legalized for recreational use. The commercial sale of psilocybin is still illegal, and employers are not required to accommodate employees under the influence of psilocybin in the workplace.
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Frequently asked questions
No, they are not. On April 7, 2025, New Mexico became the third state in the US to legalize access to psilocybin, a naturally occurring psychedelic compound produced by certain types of mushrooms.
The Medical Psilocybin Act, also known as SB219, was passed with bipartisan support and signed into law by Governor Michelle Lujan Grisham.
The Act decriminalizes psilocybin for the treatment of major treatment-resistant depression, post-traumatic stress disorder, substance use disorders, and end-of-life care. It establishes a Medical Psilocybin Advisory Board to oversee the implementation and regulation of psilocybin therapy. The Act also includes a research fund for state universities to expand research into the use of psilocybin.
Psilocybin therapy is available to patients with certain qualifying conditions, including major treatment-resistant depression, PTSD, substance use disorders, and end-of-life care. The New Mexico Department of Health has the authority to approve additional conditions.
Yes, employers in New Mexico are not required to accommodate employees who are under the influence of psilocybin while at work. Psilocybin service providers are also subject to medical malpractice claims, and the Act does not prevent criminal prosecution for unauthorized use or distribution of psilocybin.
