New Mexico could become the third state to legalize psilocybin

New Mexico could become the third state in the country to legalize access to psilocybin if the Governor signs the proposed legislation. S.B. 219 also known as the Medical Psilocybin Act was approved with bipartisan veto-proof majorities in both chambers of the state Legislature.

According to Law360, the New Mexico House of Representatives approved S.B. 219 on March 18 on a 56-8 vote, while the state Senate had cleared it approximately one week previous on a 33-4 vote. The proposal now heads to the Governor’s desk to be signed.

If that happens, New Mexico will follow in the tracks of Oregon and Colorado to create a legal medical psilocybin program. According to the Bill, the qualifying conditions for patients would include, at first, major treatment-resistant depression, post-traumatic stress disorder, substance use disorders and end-of-life care. Health regulators would be empowered to add additional qualifying conditions. In addition to that, some patients may qualify for treatments funded through the medical psilocybin treatment equity fund.

The department will monitor producers and clinicians to make sure they are in compliance with the law. The department will also work with the board, state higher education institutions and health care providers to collect and analyze data to develop best practices, including best settings for the administration of psilocybin and by December 31, 2027, implement the program. When developing the program, the department is also expected to engage in tribal consultation per the State-Tribal Collaboration Act.

According to the Bill, a medical psilocybin advisory board will be created, consisting of nine members who are knowledgeable about the medical use of psilocybin. At least one member shall be an enrolled member of an Indian nation, tribe or pueblo located wholly or partially in New Mexico. In addition to the tribal member, the law states that one member will be a mental or behavioral health equity advocate; one member will be a representative of the health care authority; and at least one member will be a veteran of the United States Armed Forces.

The law will also create a “medical psilocybin research fund” as a nonreverting fund in the state treasury. The fund will consist of appropriations, gifts, grants and donations.