On April 7, 2025, New Mexico Governor Michelle Lujan Grisham signed into law SB-219, the Medical Psilocybin Act (the Act), making New Mexico the third state in the country to create a legal pathway for patients to access psilocybin, a naturally occurring psychedelic compound produced by certain types of mushrooms. Notably, New Mexico is the first state to do so through legislation. Oregon and Colorado, the first two states to legalize access to psilocybin, were approved through voter initiatives. The Act had bipartisan support; it passed in the House with a vote of 56 to 8 with 6 abstentions and passed in the Senate with a vote of 33 to 4 with 5 abstentions. The passage of the Act is a historic milestone that demonstrates state lawmakers continue to recognize the potential medical benefits psilocybin can offer their constituents in treating a variety of medical conditions.

Below are key takeaways from the Act:

The Program must be implemented by December 31, 2027. In developing the Program, the Department must work in collaboration with a variety of stakeholders, including the Board, health care providers, and state higher education institutions. The Department must also engage in a tribal consultation in compliance with the State-Tribal Collaboration Act. 

Foley will continue to monitor developments in New Mexico, including but not limited to the Department’s development of the Program. In its current form, however, the Act offers licensed health care providers in New Mexico the opportunity to expand services offered to their patients to include medical psilocybin services under the Program. This could have a profound effect on patients who are suffering and getting little alleviation with their current treatment options. We recommend health care providers keep a watchful eye on New Mexico as the states in which they are licensed may soon enact similar medical psilocybin programs that could impact their practices.

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