New Mexico Senate Bill 219, the Medical Psilocybin Act, moved a step closer to becoming a reality. The legislation would allow the use of psilocybin for qualified medical conditions, create an advisory board and amend the Controlled Substances Act removing psilocybin and psilocin from the schedule.
The bill, which was sponsored by Reps. Jeff Steinborn, Martin Hickey, Liz Thomson, Craig Brandt and Andrea Romero. It passed in the Senate on March 12 with 33 in favor and four voting against. It then advanced to the members of the House Health & Human Services Committee who gave a “Do Pass” recommendation and voted 8-1 in favor on Monday.
“Some people confuse [psilocybin mushrooms] with just an entertainment drug, and it certainly was that back in the days of Woodstock. But research has since demonstrated the profound therapeutic potential of plant medicine, especially for processing trauma,” Marijuana Moment reported Sen. Martin Hickey saying in opening remarks at the hearing,
The department overseeing the program is expected to 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 to implement the program by Dec. 31, 2027.
The law states that $2 million would be appropriated from the general fund to the Department of Health to spend in fiscal years 2026 and 2027 to carry out the Medical Psilocybin Act. Any balance remaining at the end of fiscal year 2026 would be returned to the general fund. Another $1 million would also be set aside for a psilocybin research fund.
The program would allow the psychedelic compound to be used for treating specific qualifying conditions, including:
- Major treatment-resistant depression
- Post-traumatic stress disorder
- Substance use disorders
- End-of-life care
- Other conditions approved by the department
In addition, the law would provide producers, clinicians and qualified patients protection from arrest, prosecution or penalty for participating in the program. However, a person isn’t protected if they drive under the influence of psilocybin.
The new board will meet twice a year and make recommendations to the department overseeing the program.
The law also establishes the “medical psilocybin treatment equity fund” which consists of appropriations, gifts, grants and donations. The fund will receive $1 million from the general fund to get it established. The money will be used to fund treatments of qualified patients who meet income requirements determined by the department.
SB0219