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Psilocybin law in New Mexico

New Mexico is building the country's first state-run medical psilocybin program. The law gives it until the end of 2027, but the health department wants to see its first patients by December 31, 2026.

By Norshroom EditorsUpdated

Governor Michelle Lujan Grisham signed SB 219, the Medical Psilocybin Act, in April 2025. It took effect June 20, 2025, and requires the state to have a medical psilocybin program running by December 31, 2027.1,2 That made New Mexico the third state, after Oregon and Colorado, to legalize access to psilocybin in some form.2

Who will qualify

The program is for patients with a qualifying condition certified by a clinician. The law names:2

  • Major treatment-resistant depression
  • Post-traumatic stress disorder
  • Substance use disorders
  • End-of-life care

Unlike Oregon and Colorado, New Mexico's program is medical. It isn't open to adults without a qualifying condition.6

What the law sets up

  • A Medical Psilocybin Advisory Board to advise the Department of Health.2
  • A treatment equity fund and a research fund.2
  • Licensing for producers who grow and supply psilocybin to the program.1,5
  • An exemption from the state's controlled substances law for activity inside the program.6

The timeline

At the advisory board's first public meeting on December 5, 2025, state officials said they aimed to see the first patients by the end of December 2026, a year ahead of the legal deadline.3 The Department of Health's program page now lists December 31, 2026 as its implementation date.1

The department proposed its program rules, 7.35.3 NMAC, and held a public hearing on October 2, 2026.4 Lawmakers and advocates pushed back on parts of the draft, including a requirement that patients have a recent in-person exam with a certifying prescriber, written landlord permission for treatment in rented homes or leased spaces, and waits of up to 30 days for state approval. The state has issued its first producer permit, and the state's fiscal 2027 budget includes $630,000 for the equity fund and $300,000 for end-of-life research at the University of New Mexico.5

For the latest, see our news story on the race to see first patients.

What remains illegal

Outside the program, psilocybin is still illegal in New Mexico. Possessing, growing or selling it without a program license is a crime under state law, and selling it outside the program is illegal under state and federal law.6 Psilocybin remains a Schedule I drug federally, and the state program doesn't change that.7

What to watch

  • Final program rules, and whether the disputed provisions change.
  • Whether the first patients are treated by December 31, 2026.
  • How many producers and clinicians sign up, and how the equity fund is used.

Sources

  1. New Mexico Department of Health, Medical Psilocybin Program. nmhealth.org
  2. Foley & Lardner, "New Mexico Becomes Third State in U.S. to Legalize Access to Psilocybin," April 2025. foley.com
  3. Filter, "New Mexico to accelerate launch of therapeutic psilocybin access," December 9, 2025. filtermag.org
  4. New Mexico Department of Health, notice of proposed rule 7.35.3 NMAC (hearing October 2, 2026). nmhealth.org
  5. Marijuana Moment, "Proposed New Mexico psilocybin rules get pushback from lawmakers and advocates," October 14, 2026. marijuanamoment.net
  6. UC Berkeley Center for the Science of Psychedelics, Psychedelic Alpha and Calyx Law, Psychedelic Law and Policy Map (updated September 2026). psychedelics.berkeley.edu
  7. Electronic Code of Federal Regulations, 21 CFR 1308.11, Schedule I. ecfr.gov