1. What the law is
New Mexico passed its medical psilocybin law in 2025, then began building the program from the supply end. The rule for growers and testing laboratories is in force: the state opened grower applications in August 2026, said on 18 Sep 2026 that it had permitted its first grower, and opened applications for testing laboratories on 5 Oct 2026. Patients still cannot enroll, because the rule that would let a clinician certify anyone is still a proposal. Its public hearing was set for 2 Oct 2026, and on 6 Oct 2026 the Department's rules page still listed it as pending. The law covers treatment-resistant depression, PTSD, substance use disorders and end-of-life care. New Mexico can license a grower today, but not a clinician and not a patient.
Is psilocybin legal in New Mexico? Not for recreational or unsupervised use. Psilocybin and psilocyn sit in Schedule I of the state's Controlled Substances Act (NMSA 1978, Section 30-31-6), so possession, sale and cultivation outside the medical program stay prosecutable. The medical program is a narrow carve-out from that schedule. Everything lawful in New Mexico happens inside it.
SB 219 passed 33 to 4 in the Senate and 56 to 8 in the House, and created a Medical Psilocybin Advisory Board to advise the Department of Health on qualifying conditions, clinician training and safety protocols. One later bill, HB 336, would have addressed prescribing an FDA-approved psilocybin product. It was not printed, and it was postponed indefinitely on 4 February 2026.
2. Trials in New Mexico
Interventional psilocybin trials with at least one site in New Mexico, as their sponsors filed them with ClinicalTrials.gov, EU CTIS and ISRCTN. Each row links to the registry record, which sets out who may take part.
Recruiting or opening counts trials recruiting now, not yet recruiting, or enrolling by invitation. Closed counts trials terminated, suspended, withdrawn or left unverified by their sponsors.
| Registry ID | Trial | Phase | Sponsor | Status | Start date |
|---|---|---|---|---|---|
| NCT07506395 | Group Psilocybin-Assisted Therapy for Post-Traumatic Stress Disorder (opens in new tab)Recruiting at Interdisciplinary Substance Use and Brain Injury (ISUBI), Albuquerque | Phase Phase 1 | Sponsor University of New Mexico | Status Recruiting | Start date |
| NCT06796062 | Psilocybin for Opioid Use Disorder (OUD) (opens in new tab)Recruiting at two sites in Albuquerque | Phase Phase 2 | Sponsor NYU Langone Health | Status Recruiting | Start date |
| NCT06308653 | Psilocybin for Major Depressive Disorder (MDD) (opens in new tab)Site at University of New Mexico (UNM) Interdisciplinary Substance Use and Brain Injury (ISUBI) Center, Albuquerque | Phase Phase 3 | Sponsor Usona Institute | Status Active, not recruiting | Start date |
| NCT02061293 | A Double-Blind Trial of Psilocybin-Assisted Treatment of Alcohol Dependence (opens in new tab)Site at University of New Mexico Health Sciences Center, Albuquerque | Phase Phase 2 | Sponsor NYU Langone Health | Status Completed | Start date |
| NCT01534494 | Effects and Therapeutic Potential of Psilocybin in Alcohol Dependence (opens in new tab)Site at University of New Mexico Health Sciences Center, Albuquerque | Phase Phase 2 | Sponsor University of New Mexico | Status Completed | Start date |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
3. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
Governor Michelle Lujan Grisham signs Senate Bill 219, the Medical Psilocybin Act, enacting it as Chapter 73 of the 2025 New Mexico Laws after Senate (33-4) and House (56-8) passage.
The Medical Psilocybin Act takes effect, directing the New Mexico Department of Health to establish and regulate the medical psilocybin program.
The Medical Psilocybin Advisory Board's public meetings begin, advising the Department of Health on rulemaking, qualifying conditions and clinician training.
HB 336, which would have addressed prescribing of an FDA-approved psilocybin product, is not printed and is postponed indefinitely.
7.35.2 NMAC, Medical Psilocybin Producer and Laboratory Requirements, takes effect as an adopted new rule, published the same day in the New Mexico Register (vol. XXXVII, issue 12, p. 817).
Source New Mexico and Marijuana Moment report the Department of Health's Center for Medical Cannabis and Psilocybin beginning to accept producer and testing-laboratory permit applications.
The New Mexico Register publishes the Department's notice of public hearing on proposed new rule 7.35.3 NMAC and on amendments to 7.35.2.7, 7.35.2.10(G) and 7.35.2.24 NMAC.
Public hearing scheduled on 7.35.3 NMAC, the patient, clinician, practitioner, facilitator and healing-center rule, in Santa Fe; written comment closes at the hearing.
4. Proposed laws
No proposed law is on file in New Mexico that would change this entry, as of the 31 Aug 2026 review.
5. Common questions
Is psilocybin legal in New Mexico?
Psilocybin remains a Schedule I controlled substance under New Mexico's Controlled Substances Act (NMSA 1978, Section 30-31-6), so recreational and personal possession is illegal. Lawful access runs through the state-regulated medical program created by the Medical Psilocybin Act (SB 219, 2025 N.M. Laws Ch. 73). That program is partly live: the Department of Health opened its online application portal for grower permits in August 2026 said on September 18, 2026 that it had permitted its first grower, and opened applications for testing laboratories on October 5, 2026. The rule that would enroll patients has not been adopted, so no patient can lawfully receive treatment yet.
What does the Medical Psilocybin Act (SB 219) authorize?
SB 219, signed April 7, 2025 and effective June 20, 2025, directs the New Mexico Department of Health to license and regulate a medical psilocybin program. Under the statute, the program applies to major treatment-resistant depression, post-traumatic stress disorder, substance use disorders and end-of-life care, and it establishes a Medical Psilocybin Advisory Board to guide rulemaking, training and safety standards.
Can I buy psilocybin at a dispensary in New Mexico?
No. SB 219 does not create retail dispensaries or permit personal purchase; it establishes a supervised, state-licensed medical program administered through the Department of Health. Possession or sale outside that program remains prosecutable under NMSA 1978, Section 30-31-6.
When will New Mexico's medical psilocybin program be operational?
Part of it already is. The producer and laboratory rule, 7.35.2 NMAC, took effect on June 23, 2026. The Department of Health opened grower applications in August 2026 and announced its first permitted grower on September 18, 2026, and it opened laboratory applications on October 5, 2026. Patient access waits on 7.35.3 NMAC, which covers enrollment, certifying clinicians, practitioners, facilitators and healing centers. It is still only a proposed rule: its public hearing was set for October 2, 2026, and on October 6, 2026 the Department's rules page still listed it as pending. The Department's program page shows a December 31, 2026 target, a year ahead of the December 31, 2027 deadline the statute sets.
Can I apply to grow psilocybin in New Mexico?
Yes, if you can meet the rule. 7.35.2 NMAC has been in force since 23 June 2026 and its permit application requirements at 7.35.2.8 set out what a producer or a testing laboratory has to file; the Department's announcements record that its online portal for producer permits opened in August 2026 and its portal for laboratory permits on 5 October 2026. Every applicant files a New Mexico business license, registration with the Secretary of State and with the Taxation and Revenue Department, a certificate of occupancy, proof of fire code compliance, electrical and HVAC inspection reports, proof of planning and zoning compliance, proof that the facility sits inside New Mexico, conditional use permits where they apply, and either proof that they own the facility or a signed statement from the owner acknowledging what the tenant's permit allows. Everything must be produced or tested inside the state. A producer also files food safety training certificates for its employees, and a testing laboratory holds either current approval to operate as a cannabis testing laboratory in New Mexico or ISO/IEC 17025 or NELAC/TNI accreditation, in each case with written procedures for sampling and testing psilocybin.
Are magic mushrooms ("shrooms") legal in New Mexico?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. New Mexico's rule for psilocybin growers and testing laboratories took effect in June 2026, but the rule that would enroll patients is still only proposed, so no patient can lawfully receive treatment yet.
Read the law
SB 219, the Medical Psilocybin Act, signed by Governor Lujan Grisham in April 2025 and effective 20 June 2025 (Laws 2025 chapter 73). Two rules carry it out. 7.35.2 NMAC, covering producers and testing laboratories, took effect on 23 June 2026. 7.35.3 NMAC, covering patients, certifying clinicians, practitioners, facilitators and healing centers, is still proposed. Its public hearing was set for 2 October 2026, and on 5 October 2026 the Department's rules page listed no record of the hearing and no adopted rule. The 2026 budget act (Laws 2026 chapter 67) funds the program and changes none of this.1
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.nmlegis.gov (opens in new tab) · nmlegis.gov
- 2.srca.nm.gov (opens in new tab) · srca.nm.gov
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
14 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
New Mexico has opened applications for psilocybin testing laboratories. The Department of Health said on 5 October 2026 that its online portal for laboratory permits is open, under the producer and laboratory rule that took effect in June. A laboratory permit is for testing psilocybin grown for the programme. It does not let anyone treat a patient, because the rule that would enroll patients and certify clinicians is still a proposal.
New Mexico's entry is corrected on two points. Applications are open for psilocybin growers but had not yet opened for testing laboratories when the Department last posted, on 18 September 2026. The hearing on the proposed patient rule was set for 2 October 2026, and the Department had published nothing further by 5 October. Patients still cannot enroll.
An update published here on 17 August 2026 described the Department of Health's psilocybin programme page as one that had not been updated. That judgement was reached by measuring the page's underlying code, which never contains its announcements: those are loaded from another service when a reader opens the page. Read in a browser today, the panel carries dated departmental notices going back to June 2026, including the opening of producer applications and the notice of the 2 October hearing. We cannot say what it displayed back in August, because the panel keeps no history of its own changes. The sources this record relies on do not change, and New Mexico's legal status is unchanged.
New Mexico has issued its first psilocybin producer permit. The Department of Health said on 18 September 2026 that it has permitted Sacred Alto Spores, that the grower is starting operations, and that it expects to open laboratory permit applications shortly. A permitted grower may only supply practitioners and healing centers once those are certified, and the rule that would certify them is still a proposal going to public hearing on 2 October 2026. No patient can be treated under the programme yet.
An update published here on 25 August 2026 said New Mexico had until the end of 2026 to have its medical psilocybin programme running. The Medical Psilocybin Act sets one implementation date and it is 31 December 2027. December 2026 is the date the Department of Health has said it aims for, and this record's law section has always described it that way. New Mexico's legal status is unchanged and no date in that law section moves.
New Mexico's record was wrong about how far the state had got, and this corrects it. The rule that licenses psilocybin growers and testing laboratories was not still a proposal: it took effect on 23 June 2026, which is why the Department of Health was able to start taking applications from growers in August. The rule covering patients, clinicians, facilitators and healing centres has come back from being cancelled and now has a public hearing set for 2 October 2026. New Mexico can license a grower today, but still not a clinician and still not a patient.
New Mexico has proposed a new rule setting out how patients enrol in its medical psilocybin programme and how clinicians, facilitators, healing centres, other approved locations and training programmes are approved. A public hearing is set for 2 October 2026 in Santa Fe, with a video conference and telephone option, and written comment is also accepted. The state has until the end of 2026 to have the programme running.
New Mexico's own education committee and its health department do not agree about how facilitators should be trained. They want almost exactly the same number of hours, so this is not an argument about cost. They differ on what the hours are made of: the department would have trainees spend sixty of them on a general practicum with real patients and add ten hours of mentorship after graduation, while the committee would have them spend twenty-four hours with well volunteers and eighteen presenting cases to a consultation group, with no mentorship requirement.
New Mexico's education committee has set out what it thinks training should require before someone can work in the state's medical psilocybin programme: eight hours for a doctor who certifies that a patient qualifies, and roughly two hundred hours for the licensed providers and facilitators who sit with patients through a session. These are recommendations to the health department, and the rule they would go into goes to public hearing on 2 October 2026.
New Mexico has a $630,000 fund to help patients pay for psilocybin treatment, and a committee has now set out how it would work: travel costs for patients living more than fifty driving miles from a treatment centre, and vouchers on a sliding scale that gives full help at about twice the federal poverty level and nothing above three times it. The committee expects more people to qualify than there is money for. This is a recommendation, not a benefit anyone can claim yet.
New Mexico's record now cites the rulemaking page rather than a programme page that has not been updated, and says plainly that the producer and laboratory rule is only proposed and the patient and practitioner rule was canceled and is to be rescheduled. The 2026 budget act, signed in March, is added: it funds the treatment equity fund and a university research programme and gives the Health Department another year to spend its 2025 start-up money.
New Mexico's record no longer says $4 million was appropriated for the medical psilocybin program. The enacted act creates two funds that the legislature funds separately.
New Mexico's clinical-practice committee has adopted a standard for the preparation sessions a patient has before psilocybin treatment, requiring that they be one-to-one rather than delivered to a group. The committee advises the health department; it does not make rules, and the rule that would govern practitioners is still only proposed.
New Mexico stays recorded as medical. The state has moved its target for patient access forward to December 2026, a year earlier than planned, and an equity fund has been added.
Psilocybin Media Group. "New Mexico: psilocybin legal status." The Psilocybin Record, accession US-NM-001, version of 05 Oct 2026. https://psilocybinlegalization.com/record/new-mexico