Psychedelic Policy Reform in New Mexico: Governor Signs Medical Psilocybin Act
By Genevieve Meehan, Barine Majewska
Apr 9, 2025
On April 7, Governor Grisham signed a bill passed by the New Mexico legislature to establish a medical psilocybin program in the state. New Mexico now becomes the third state in the U.S., alongside Oregon and Colorado, to legalize the supervised medical use of psilocybin.
Senate Bill 219 (the Medical Psilocybin Act), sponsored by Sen. Jeff Steinborn (D), passed the Senate last week with strong bipartisan support (33-4) and moved swiftly through the House. It was approved in a 56-8 vote on Tuesday before receiving the governor’s signature.
The bill creates a regulated medical psilocybin program overseen by the New Mexico Department of Health (Department), allowing licensed physicians to prescribe naturally occurring psilocybin to patients with qualifying conditions, including treatment-resistant depression, PTSD, substance use disorders, and end-of-life anxiety, as well as other conditions that the New Mexico Department of Health may in the future approve. Notably, the bill was mandated by New Mexico’s legislature, and not by voter ballot measure as in Colorado and Oregon.
Key Aspects of the New Mexico Medical Psilocybin Act
Structured Medical Use of Psilocybin
Psilocybin therapy will include three key sessions: a preparation session, an administration session, and a follow-up integration session, similar to Colorado’s facilitator model. All sessions will be provided by approved healthcare providers licensed in New Mexico who also hold a permit to provide psilocybin services. This is a true medical program, requiring physician oversight and is available only to those with qualifying medical conditions. Unlike Colorado, there is no “personal use” program in New Mexico allowing the individual cultivation, possession, use and sharing of psilocybin.
Regulatory Oversight
The New Mexico Department of Health is directed to establish qualifying conditions for patients, training standards for producers and clinicians, treatment and safety protocols, dosage standards, transportation and storage protocols, and data collection standards. The program must be implemented by 2028.
Medical Psilocybin Advisory Board
A nine-member board will assist with implementation and make recommendations to the Department regarding qualifying conditions, dosage standards, treatment protocols, and settings. As in Colorado, the advisory board is subject to certain requirements and must include at least the following:
- One enrolled member of an Indian nation, Tribe or pueblo
- One individual licensed to provide behavioral health care services
- One advocate of mental or behavioral health equity
- One representative of the health care authority
- One veteran of the U.S. armed forces
Legal Protections
Patients, providers, and producers operating within the law will not face criminal or civil penalties.
Program Restrictions
Driving under the influence and unauthorized use remain prohibited.
Funding & Research
The bill creates a fund to support low-income patients and another fund to advance scientific research on psilocybin.
Tax Incentives
Medical psilocybin services will qualify for a gross receipts tax deduction to enhance accessibility.
Natural Psilocybin Only
New Mexico’s psychedelics bill specifically excludes synthetic psilocybin and its analogs. Interestingly, the bill also specifies that FDA-approved products that contain psilocybin shall be “authorized for use” in research and treatment paid for by either of the two funds. Unlike in Colorado, other psychedelic natural medicines such as DMT and mescaline are not included in the New Mexico bill.
The Vicente team is tracking psychedelic policy reform across the country. Contact us if you have questions about current programs or how to advocate for reform in your region.
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