On April 7, 2025, New Mexico Governor Michelle Lujan Grisham signed into legislation SB-219, the Medical Psilocybin Act (the Act), making New Mexico the third state within the nation to create a authorized pathway for sufferers to entry psilocybin, a naturally occurring psychedelic compound produced by sure varieties of mushrooms. Notably, New Mexico is the primary state to take action by laws. Oregon and Colorado, the primary two states to legalize entry to psilocybin, had been accredited by voter initiatives. The Act had bipartisan help; it handed within the Home with a vote of 56 to eight with 6 abstentions and handed within 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 proceed to acknowledge the potential medical advantages psilocybin can provide their constituents in treating quite a lot of medical situations.
Beneath are key takeaways from the Act:
- The New Mexico Division of Well being (the Division) might be accountable for the event and oversight of a program that gives regulated entry to psilocybin for qualifying sufferers to alleviate sure medical situations (the Program). Psilocybin have to be administered to sufferers by an accredited well being care supplier who’s licensed in New Mexico and in an accredited setting.
- A “qualifying affected person” as at present outlined might embody minors, as long as a licensed well being care supplier has judged the affected person to be a medically acceptable candidate for the usage of medical psylocibin primarily based on being identified with a qualifying situation.
- A “qualifying situation” is restricted to: (1) main treatment-resistant melancholy; (2) PTSD; (3) substance use problems; and (4) end-of-life care. Nevertheless, different situations could also be accredited by the Division for inclusion within the Program.
- The Act instructs the Secretary of the Division to create a Medical Psilocybin Advisory Board (the Board). The Board is made up of 9 members who’re “educated concerning the medical use of psilocybin.” The Board should embody at the least one member who’s enrolled in an Indian nation, tribe, or pueblo situated wholly or partially in New Mexico, at the least one member who’s a psychological or behavioral well being fairness advocate, at the least one member who’s a consultant of the well being care authority, and at the least one member who’s a veteran of the U.S. armed forces. Amongst different issues, the Board might be accountable for recommending accredited medical situations for inclusion within the Program, help the Division in establishing, monitoring, and evaluating finest observe requirements for psilocybin, and advocate dosage requirements for psilocybin.
- The Act created two funds: the medical psilocybin remedy fund, which is for use to fund therapies of certified sufferers who meet outlined revenue necessities, and the medical psilocybin analysis fund, which might be used to offer grants to state analysis universities and well being care suppliers learning any aspect of the medical use of psilocybin.
- The Act expressly excludes U.S. Meals and Drug Administration (FDA)-approved merchandise that comprise psilocybin from use within the Program. Notably, the Act carved out the usage of FDA-approved merchandise containing psilocybin in two circumstances: (1) in any analysis performed by state analysis universities or well being care suppliers utilizing awarded grants from the medical psilocybin analysis fund, and (2) by certified sufferers whose therapies could also be funded by the medical psilocybin remedy fairness fund.
- Lastly, the Act included an modification to the New Mexico Managed Substances Act which carves out psilocybin and psilocin (the compound that psilocybin converts to within the physique) from the Schedule I substances listing when used underneath the Act .
The Program have to be applied by December 31, 2027. In growing the Program, the Division should work in collaboration with quite a lot of stakeholders, together with the Board, well being care suppliers, and state greater schooling establishments. The Division should additionally have interaction in a tribal session in compliance with the State-Tribal Collaboration Act.
Foley will proceed to observe developments in New Mexico, together with however not restricted to the Division’s growth of the Program. In its present type, nevertheless, the Act affords licensed well being care suppliers in New Mexico the chance to increase companies supplied to their sufferers to incorporate medical psilocybin companies underneath the Program. This might have a profound impact on sufferers who’re struggling and getting little alleviation with their present remedy choices. We advocate well being care suppliers hold a watchful eye on New Mexico because the states by which they’re licensed might quickly enact comparable medical psilocybin packages that might impression their practices.
Please attain out to your Foley relationship accomplice, or to our Well being Care Follow Group with any questions concerning the new legislation.
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