Title & Description

  • Policy/Bill Name: New Mexico SB0219 - Medical Psilocybin Act
  • Proposed By: Senators Jeff Steinborn, Martin Hickey, Elizabeth "Liz" Thomson, Craig W. Brandt, and Andrea Romero
  • Date Introduced: 2025
  • Status: Proposed
  • Objective: To legalize and regulate the medical use of psilocybin for treating qualified medical conditions, establish an advisory board, and provide legal protections for participants.
  • Importance: This bill introduces a regulated framework for medical psilocybin use, ensuring patient access while maintaining oversight to prevent misuse.

Summary & Key Takeaways

Key Takeaway: SB0219 would allow the medical use of psilocybin in New Mexico under regulated conditions, establish an advisory board, and remove psilocybin from controlled substances lists for qualified medical treatments.

Practical Implications:

  • Establishes the Medical Psilocybin Act to regulate psilocybin use for medical purposes.
  • Creates a Medical Psilocybin Advisory Board to oversee the program.
  • Allows licensed clinicians to administer psilocybin to qualified patients in approved settings.
  • Provides legal exemptions for clinicians, producers, and patients participating in the program.
  • Establishes tax deductions and funding for research and equity-focused treatment programs.

Background & Rationale

  • Context: Research suggests psilocybin has therapeutic potential for treating depression, PTSD, and substance use disorders. Several jurisdictions are exploring its medical applications.
  • Policy Justification: The bill aims to provide legal access to psilocybin therapy in a controlled environment while facilitating research and ensuring compliance with medical best practices.

Key Provisions & Regulations

  • Scope:
    • Applies to medical psilocybin use within New Mexico.
    • Covers licensed clinicians, producers, and patients with qualifying conditions.
  • Major Provisions:
    • Establishes the Medical Psilocybin Act.
    • Creates the Medical Psilocybin Advisory Board to oversee regulations and approve qualifying conditions.
    • Removes psilocybin from controlled substances lists when used for approved medical treatments.
    • Allows licensed clinicians to administer psilocybin to patients in designated settings.
    • Provides legal protections for patients, clinicians, and producers participating in the program.
    • Establishes funds for treatment equity and research initiatives.
    • Creates exemptions for clinical trials and research institutions using psilocybin.
  • Compliance Requirements:
    • Psilocybin must be administered in an approved setting under clinician supervision.
    • Producers must obtain a permit from the Department of Health.
    • Clinicians must complete training before administering psilocybin therapy.
    • The Department of Health must submit annual reports on the program's progress and impact.
  • Penalties & Enforcement:
    • Unauthorized possession, distribution, or use outside the program remains illegal.
    • Fraudulent claims regarding program participation are subject to penalties.
    • The Department of Health will monitor compliance and take corrective actions if necessary.

Expected Impact & Concerns

  • Intended Benefits:
    • Expands treatment options for individuals with severe mental health conditions.
    • Establishes a legal framework for psilocybin-assisted therapy.
    • Encourages research into best practices for medical use.
    • Reduces legal barriers for clinicians and patients seeking alternative treatments.
  • Potential Drawbacks:
    • Potential opposition from groups concerned about psychedelic drug use.
    • The program's success is dependent on federal policy shifts and regulatory alignment.
    • Implementation challenges, including clinician training and public acceptance.
  • Economic/Social/Environmental Effects:
    • May reduce healthcare costs associated with treatment-resistant mental health conditions.
    • Could contribute to the development of a regulated psychedelic therapy industry in New Mexico.
    • Requires ongoing investment in public education and harm reduction efforts.

Implementation Timeline

  • Effective Date:
    • Upon passage, with full implementation expected by 2027.
  • Phase-in Period:
    • Establishment of the advisory board and regulatory framework.
    • Development of clinician training and licensing requirements.
    • Initial program rollout for qualified patients and approved treatment centers.
  • Review & Sunset Clause:
    • Annual assessments and reporting to the legislature.
    • Future legislative review to determine program effectiveness and potential expansion.
  • Legislative/Agency Source:
  • Supporting Research:
    • Clinical studies on psilocybin therapy (e.g., Johns Hopkins, MAPS, FDA trials)
  • Additional Reading:
    • Reports on psilocybin decriminalization and medical programs in other states.
    • FDA guidance on psychedelic research and expanded access programs.
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