New Mexico Gov. Michelle Lujan Grisham signed the Medical Psilocybin Act, making it the third state in the country to legalize access to psilocybin.
Green Market Report had previously written that S.B. 219, also known as the Medical Psilocybin Act, was approved with bipartisan veto-proof majorities in both chambers of the state legislature. 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.
Cosponsor Sen. Craig Brandt (R-Rio Rancho) said in a statement in January that he was hopeful this treatment option will benefit his “fellow veterans” who may be dealing with post-traumatic stress disorder or other mental health conditions.
Source NM wrote in January, cosponsor Rep. Elizabeth “Liz” Thomson (D-Albuquerque) said, “When we’re facing epidemic levels of depression, anxiety, PTSD, and other debilitating mental health conditions, we owe it to those suffering to explore promising new treatments like psilocybin. By establishing a highly-regulated, state-run program, we can provide alternative options to those not responding to traditional treatment, in a safe, controlled environment.”
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 comply 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 Dec. 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.
SB0219