New Mexico
Psilocybin is legal for medical use in New Mexico as of 17 Aug 2026.1
- Checked against 2 cited sources at this review.
1. What the law is
SB 219 - Medical Psilocybin Act, signed by Gov. Lujan Grisham (April 2025), effective June 20, 2025. General Appropriation Act of 2026 (House Appropriations and Finance Committee substitute for HB 2 and HB 3, as amended), signed 11 March 2026, Laws 2026 chapter 67, partial veto: section 5 item 184 extends through fiscal year 2027 the period for spending the $1,000,000 appropriated to the Department of Health at subsection 195 of section 5 of chapter 160 of Laws 2025 for operational expenses for enacting the Medical Psilocybin Act; section 5 item 291 appropriates $150,000 from the general fund to the University of New Mexico for a psilocybin-assisted therapy research program; and section 9(D), the government results and opportunity program fund allocations for fiscal years 2027 and 2028, allocates $150,000 and a further $480,000 to the medical psilocybin treatment equity fund. All three survived the partial veto, confirmed line by line against House Executive Message No. 98 of 11 March 2026.1
New Mexico's Medical Psilocybin Act names what it covers: treatment-resistant depression, PTSD, substance use disorders and end-of-life care. SB 219 was signed by Governor Lujan Grisham in April 2025 and sets up a state-regulated program. That program is not operating. The Department of Health rulemaking page, checked 17 August 2026, lists the producer and laboratory rule 7.35.2 NMAC as a proposed new rule still in pending rulemaking, and the patient, clinician, practitioner, facilitator and healing center rule 7.35.3 NMAC as canceled and to be rescheduled; neither appears among concluded rulemakings. The money arrived before the rules did. The General Appropriation Act of 2026 (Laws 2026 chapter 67, signed 11 March 2026) extends through fiscal year 2027 the period for spending the $1,000,000 the 2025 legislature appropriated to enact the Act, appropriates $150,000 to the University of New Mexico for a psilocybin-assisted therapy research program, and directs $150,000 and a further $480,000 to the medical psilocybin treatment equity fund.
Is psilocybin legal in New Mexico? Recreational and unsupervised possession of psilocybin remains a criminal offense under New Mexico's Controlled Substances Act, which schedules psilocybin and psilocyn as Schedule I substances (NMSA 1978, Section 30-31-6). However, New Mexico has enacted a narrow medical-access framework: Senate Bill 219, the Medical Psilocybin Act (2025 N.M. Laws, Chapter 73), signed by Governor Michelle Lujan Grisham on April 7, 2025 and effective June 20, 2025, authorizes a state-regulated program for the supervised medical use of psilocybin. The Act directs the New Mexico Department of Health to license the program, which under the statute applies to major treatment-resistant depression, post-traumatic stress disorder, substance use disorders, and end-of-life care, with full implementation targeted by the program build-out deadline.
New Mexico made psilocybin available only through the medical pathway created by SB 219; the substance otherwise remains a Schedule I controlled substance under NMSA 1978, Section 30-31-6, so non-program possession, sale, or cultivation continues to be prosecutable. The Medical Psilocybin Act passed the Legislature with broad margins (33-4 in the Senate and 56-8 in the House) and was signed as Chapter 73 of the 2025 session laws, appropriating funds for implementation and establishing a Medical Psilocybin Advisory Board to advise the Department of Health on rules, qualifying-condition criteria, clinician training, and safety protocols. According to the Department of Health, the Advisory Board began meeting and the agency is drafting licensing and training regulations, with the state indicating it is working toward initial patient access ahead of the statutory full-implementation deadline. A separate measure, HB 336 (2026), was introduced to address prescribing of an FDA-approved psilocybin product but has not been confirmed as enacted; until any further legislation takes effect, access is governed solely by SB 219 and remains limited to the state-supervised program rather than open retail or personal use.
2. Pending legislation
No bill is on file in New Mexico that would change this record, as of the 17 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
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.
Medical use status takes effect.
The Medical Psilocybin Advisory Board begins public meetings to advise the Department of Health on rulemaking, qualifying conditions, and clinician training.
HB 336 introduced to address prescribing of an FDA-approved psilocybin product; not confirmed as enacted.
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.
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 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.
4. Trials in New Mexico
Interventional psilocybin trials with at least one study site in New Mexico, drawn from ClinicalTrials.gov, EU CTIS, and ISRCTN. Registry data is reported by sponsors and shown as filed.
Recruiting, active, completed and closed add up to the 5 trials with a study site in New Mexico, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
| Registry ID | Trial | Phase | Sponsor | Status | Started |
|---|---|---|---|---|---|
| NCT07506395 (opens in new tab) | 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 | Started |
| NCT06796062 (opens in new tab) | 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 | Started |
| NCT06308653 (opens in new tab) | 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 | Started |
| NCT02061293 (opens in new tab) | 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 | Started |
| NCT01534494 (opens in new tab) | 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 | Started |
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
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. The only lawful access is through the state-regulated medical program created by the Medical Psilocybin Act (SB 219, 2025 N.M. Laws Ch. 73), which authorizes supervised medical use once the Department of Health's program is operational.
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?
The Medical Psilocybin Act took effect June 20, 2025, but patient access depends on the Department of Health completing rules, licensing, and clinician-training standards. According to the Department, the Medical Psilocybin Advisory Board has begun meeting and rulemaking is underway, with the state working toward initial patient access during the program build-out period.
Are magic mushrooms ("shrooms") legal in New Mexico?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is legal for medical use in New Mexico as of 17 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in New Mexico.
Sources and confidence
Every status line is checked against the primary sources below. How each record is graded for confidence is set out in the methodology.
- 1.nmlegis.gov (opens in new tab) · nmlegis.gov
- 2.nmhealth.org (opens in new tab) · nmhealth.org
Cited at the review
This information is for educational purposes only and does not constitute legal advice. Laws change frequently, and enforcement practice can differ from the letter of the law. Verify current status with local authorities before relying on this record.
Changes to this record
Every change we have made to this record, dated, corrections included. Nothing changes silently.
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 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.
New Mexico: psilocybin legal status. The Psilocybin Record. Accession US-NM-001. Status as of 17 Aug 2026. https://psilocybinlegalization.com/record/new-mexico
If this record changes, know first.
One email when New Mexico's status changes.
No spam. Never shared. Unsubscribe anytime. Privacy statement