NMSA 1978, Chapter 26, Article 2D · the Medical Psilocybin Act
The statute
The rules in Chapter 35 of Title 7 NMAC implement one statute: Article 2D of Chapter 26 NMSA 1978, Sections 26-2D-1 through 26-2D-11, whose short title is the Medical Psilocybin Act. It passed the 2025 regular session as Senate Bill 219, was enacted as Laws 2025, Chapter 73, and took effect June 20, 2025, ninety days after adjournment, because the bill carried no effective-date clause. This page lists its eleven sections, what each does, and which rule Part carries it.
Created September 7, 2026, from the enrolled bill held on this site and the compiled statute published by the New Mexico Compilation Commission.
Section by section
| Section | Heading | What it does | Where it lands in the rules |
|---|---|---|---|
| 26-2D-1 | Short title | Sections 26-2D-1 through 26-2D-11 may be cited as the Medical Psilocybin Act. | Both Parts cite the Act by this name. |
| 26-2D-2 | Purpose of act | To allow the beneficial use of psilocybin in a regulated system for alleviating qualified medical conditions. | |
| 26-2D-3 | Definitions | Defines the board, the clinician, the department, medical services, the producer, the program, psilocybin, the qualified patient, the qualifying condition, and the secretary. The qualifying conditions are major treatment-resistant depression, post-traumatic stress disorder, substance use disorders, end-of-life care, and other conditions the department approves. | 7.35.2.7 restates the qualified patient and the qualifying conditions in the Act's words and defines the producer; 7.35.3.7 imports every definition from 7.35.2.7. The Act's clinician names no license type and no controlled-substance number; the certifying clinician's number is a rule requirement, analyzed on the controlled-substance number page. |
| 26-2D-4 | Applicability | Federal Food and Drug Administration-approved products containing psilocybin are exempt from the Act, and may be used in research funded through the research fund and by qualified patients whose treatment the equity fund pays for. | |
| 26-2D-5 | Exemption from criminal and civil penalties for the medical use of psilocybin | A producer, clinician, or qualified patient is not subject to arrest, prosecution, or penalty for participating in the program; possession and transport of an adequate supply as defined by department rule, and administration and use in an approved setting, are lawful; a clinician is not penalized for recommending the program; a person is not arrested for being present; FDA-approved clinical trials are outside the Act. | The adequate supply and the approved setting are left to department rule. 7.35.2.24 governs transport by producers; 7.35.3.14 and 7.35.3.20 govern possession and the approved locations. |
| 26-2D-6 | Prohibitions, restrictions and limitations on the use of psilocybin; criminal penalties | Participation does not excuse unauthorized activity or driving under the influence; a fraudulent representation of participation to a law enforcement officer is a petty misdemeanor. | |
| 26-2D-7 | Department; program | Creates the medical use of psilocybin program in the department and directs it to establish qualifying conditions for producers, clinicians, and patients; training for producers and clinicians; treatment protocols, including patient selection, medical service standards, dosage, and approved settings; safety protocols for producing, transporting, storing, and handling psilocybin and treating patients; other best practices; data collection requirements; and other requirements for an efficacious program. The department monitors producers and clinicians, collaborates with the board and others to develop best practices, implements the program by December 31, 2027, and engages in tribal consultation. | The authority both Parts cite. 7.35.2 NMAC (producers and laboratories, adopted June 23, 2026) and 7.35.3 NMAC (patients, clinicians, practitioners, facilitators, healing centers, educational programs; proposed) each name Section 26-2D-7 at their statutory-authority section. |
| 26-2D-8 | Advisory board created; duties | The secretary establishes a nine-member Medical Psilocybin Advisory Board, with at least one enrolled member of a New Mexico Indian nation, tribe, or pueblo, one behavioral health equity advocate, and one health care authority representative. The board recommends and reviews qualifying conditions and petitions to add them, convenes at least twice a year for public hearings on petitions, recommends patient qualifications and formulation and dosage standards, and assists the department on best practices. | No rule Part. The board's committees produced the recommendations behind both Parts; the board itself is recorded on each Part's record page. No rule yet governs the petition process for adding conditions. |
| 26-2D-9 | Assessment reporting | The department promulgates rules for collecting data from producers, clinicians, and qualified patients to evaluate the efficacy of the medical use of psilocybin, and publishes an annual assessment of the program that considers the needs of patients in rural areas, federally subsidized housing, and on reservations within the state, reported so that no patient can be identified. | No published Part carries it. 7.35.2 tracks inventory and test results; 7.35.3 names research and data collection only as a curriculum topic and requires data submittal on applications. Neither establishes the annual assessment, the de-identification rule, or the rural, housing, and tribal considerations. |
| 26-2D-10 | Persons under state supervision; protections | A person on probation or parole, in custody, or under supervision pending trial is not penalized for participating in the program. | No rule Part. |
| 26-2D-11 | Funds; created | Creates two nonreverting funds in the state treasury, administered by the department and subject to appropriation: the medical psilocybin treatment equity fund, for treatment of qualified patients who meet income requirements set by department rule, and the medical psilocybin research fund, for grants to state research universities and health care providers. | No rule Part. The income requirements for the equity fund are left to department rule and none is published. |
Outside Article 2D
Three sections of Senate Bill 219 did not become part of Article 2D. Section 12 amended the gross receipts tax deduction at Section 7-9-73.2 NMSA 1978. Section 13 amended Schedule I of the Controlled Substances Act at Section 30-31-6 NMSA 1978, carving out psilocybin and psilocin for the program's purposes while leaving them scheduled otherwise. Section 14 appropriated two million dollars to the department for fiscal years 2026 and 2027, and one million dollars to each of the two funds. For those three, and for the legislative history, the bill is the citation.
How the statute is cited on this site
A section of the Act is cited by its compiled number: Section 26-2D-7 NMSA 1978. The Act is named by its short title, the Medical Psilocybin Act, which the department's rules and hearing notices also use. The bill number, Senate Bill 219, is cited only for the three sections outside Article 2D and for the legislative history. A section of the enrolled bill maps to its compiled number one to one: bill Section 3 is 26-2D-3.
Sources
The enrolled bill, 18 pages, held on this site: the text quoted above. Article 2D as compiled, published by the New Mexico Compilation Commission on NMOneSource, with the history note Laws 2025, ch. 73, and the effective-date annotation. The compiled text and the enrolled bill say the same thing; the compilation renumbers the sections and restyles the headings. The Register issues and department documents that implement the Act are in each Part's register: 7.35.2, 7.35.3.