New Mexico's Department of Health is aiming to have its medical psilocybin program serving patients by December 31, 2026, a year before the deadline in state law.1 Officials first set the goal at the Medical Psilocybin Advisory Board's first public meeting on December 5, 2025.2
Where the rules stand
The department published proposed program rules, 7.35.3 NMAC, and held a public hearing on October 2, 2026.3 Lawmakers and advocates criticized several provisions in the draft, including:4
- 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
- Waits of up to 30 days for state approval of applications
We found no final version of the rules as of October 20.
Other pieces falling into place
The state has issued its first psilocybin producer permit, and its fiscal 2027 budget includes $630,000 for the program's treatment equity fund and $300,000 for end-of-life research at the University of New Mexico.4
Who the program is for
The Medical Psilocybin Act, signed in April 2025, covers patients with major treatment-resistant depression, post-traumatic stress disorder, substance use disorders or end-of-life care needs, certified by a clinician.5 It isn't an adult-use program like Oregon's or Colorado's. Outside the program, psilocybin remains illegal in New Mexico.
Our New Mexico guide covers the law in full.
Sources
- New Mexico Department of Health, Medical Psilocybin Program. nmhealth.org
- Filter, "New Mexico to accelerate launch of therapeutic psilocybin access," December 9, 2025. filtermag.org
- New Mexico Department of Health, notice of proposed rule 7.35.3 NMAC (hearing October 2, 2026). nmhealth.org
- Marijuana Moment, "Proposed New Mexico psilocybin rules get pushback from lawmakers and advocates," October 14, 2026. marijuanamoment.net
- Foley & Lardner, "New Mexico Becomes Third State in U.S. to Legalize Access to Psilocybin," April 2025. foley.com