Psilocybin law in New Mexico
Medical or authorised prescribing Checked 26 October 2026
Psilocybin is legal in New Mexico only for medical use under the Medical Psilocybin Act (SB 219, 2025); otherwise it remains a Schedule I controlled substance under NMSA 30-31-6, and the Department of Health program is still being set up for a December 2026 launch.
A doctor or psychiatrist may give or prescribe psilocybin to patients under a medical programme or a case-by-case authorisation. It is not open to retreats or adult use. A summary of published sources, not legal advice.
Source status: Medical programme enacted. Psilocybin remains a Schedule I drug under US federal law.
Scheduling
Psilocybin and psilocin are listed in Schedule I, NMSA 1978 §30-31-6(C)(14) and (15), but §30-31-6(E) says their listing does not apply to medical use under the Medical Psilocybin Act [SB 219 (2025), Medical Psilocybin Act, final version, New Mexico Legislature, 2025-04-08, read 26 October 2026]
What the law says
- The Medical Psilocybin Act (SB 219, Laws 2025, chapter 73) was signed on 7 April 2025 and allows psilocybin use in an approved setting to treat qualifying medical conditions. [SB 219 (2025 Regular Session), Medical Psilocybin Act, New Mexico Legislature, 2025-04-07, read 26 October 2026] [SB 219 (2025), Medical Psilocybin Act, final version, New Mexico Legislature, 2025-04-08, read 26 October 2026]
- Qualifying conditions in the Act are major treatment-resistant depression, posttraumatic stress disorder, substance use disorders and end-of-life care, and the Department of Health may add others. [SB 219 (2025), Medical Psilocybin Act, final version, New Mexico Legislature, 2025-04-08, read 26 October 2026] [Medical Psilocybin Program, New Mexico Department of Health, read 26 October 2026]
- The Act requires the Department of Health to implement the program by 31 December 2027; the Department says it plans to implement it by 31 December 2026. [SB 219 (2025), Medical Psilocybin Act, final version, New Mexico Legislature, 2025-04-08, read 26 October 2026] [Medical Psilocybin Program, New Mexico Department of Health, read 26 October 2026]
- The Act creates a Medical Psilocybin Advisory Board of nine members to advise the Department. [SB 219 (2025), Medical Psilocybin Act, final version, New Mexico Legislature, 2025-04-08, read 26 October 2026]
- The Department held a public hearing on 24 April 2026 on 7.35.2 NMAC (psilocybin producers and testing laboratories) and on 2 October 2026 on 7.35.3 NMAC (patients, certifying clinicians, facilitators and approved locations). [Notice of public hearing, proposed 7.35.2 NMAC (producers and testing laboratories), New Mexico Department of Health, 2026, read 26 October 2026] [Notice of public hearing, proposed 7.35.3 NMAC (patients, clinicians, facilitators, healing centers), New Mexico Department of Health, 2026, read 26 October 2026]
Penalties
- Outside the medical program, possessing any amount of a Schedule I to IV substance not specifically listed elsewhere, which includes psilocybin, is a misdemeanor punishable by a fine of $500 to $1,000, imprisonment for less than one year, or both (NMSA 1978 §30-31-23(D)). [SB 239 (2026), reprinting NMSA 1978 §30-31-23, New Mexico Legislature, 2026, read 26 October 2026]
Bills
SB 219 2025
Medical Psilocybin Act
Creates a Department of Health medical psilocybin program for qualifying conditions, an advisory board, and exempts program use from the Controlled Substances Act.
Status: Signed 7 April 2025, Laws 2025 chapter 73, 7 April 2025
Dated changes
- 20 June 2025: The Medical Psilocybin Act (SB 219), signed in April 2025, took effect. It creates a medical program for qualifying conditions; the Department of Health gives a target implementation date of 31 December 2026 and the statute requires the program by 31 December 2027. It is not an adult-use or retreat framework. Source
- 7 April 2025: Creates a Department of Health medical psilocybin program for qualifying conditions, an advisory board, and exempts program use from the Controlled Substances Act. Status: Signed 7 April 2025, Laws 2025 chapter 73. Source
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