On April 7, 2025, New Mexico Governor Michelle Lujan Grisham signed into legislation SB-219, the Medical Psilocybin Act (the Act), making New Mexico the third state within the nation to create a authorized pathway for sufferers to entry psilocybin, a naturally occurring psychedelic compound produced by sure forms of mushrooms. Notably, New Mexico is the primary state to take action by laws. Oregon and Colorado, the primary two states to legalize entry to psilocybin, have been authorised by voter initiatives. The Act had bipartisan help; it handed within the Home with a vote of 56 to eight with 6 abstentions and handed within the Senate with a vote of 33 to 4 with 5 abstentions. The passage of the Act is a historic milestone that demonstrates state lawmakers proceed to acknowledge the potential medical advantages psilocybin can provide their constituents in treating a wide range of medical circumstances.
Beneath are key takeaways from the Act:
- The New Mexico Division of Well being (the Division) can be chargeable for the event and oversight of a program that gives regulated entry to psilocybin for qualifying sufferers to alleviate sure medical circumstances (the Program). Psilocybin should be administered to sufferers by an authorised well being care supplier who’s licensed in New Mexico and in an authorised setting.
- A “qualifying affected person” as at the moment outlined may embody minors, as long as a licensed well being care supplier has judged the affected person to be a medically applicable candidate for using medical psylocibin based mostly on being recognized with a qualifying situation.
- A “qualifying situation” is proscribed to: (1) main treatment-resistant melancholy; (2) PTSD; (3) substance use problems; and (4) end-of-life care. Nonetheless, different circumstances could also be authorised by the Division for inclusion within the Program.
- The Act instructs the Secretary of the Division to create a Medical Psilocybin Advisory Board (the Board). The Board is made up of 9 members who’re “educated in regards to the medical use of psilocybin.” The Board should embody a minimum of one member who’s enrolled in an Indian nation, tribe, or pueblo situated wholly or partially in New Mexico, a minimum of one member who’s a psychological or behavioral well being fairness advocate, a minimum of one member who’s a consultant of the well being care authority, and a minimum of one member who’s a veteran of the U.S. armed forces. Amongst different issues, the Board can be chargeable for recommending authorised medical circumstances for inclusion within the Program, help the Division in establishing, monitoring, and evaluating greatest apply requirements for psilocybin, and suggest dosage requirements for psilocybin.
- The Act created two funds: the medical psilocybin therapy fund, which is for use to fund therapies of certified sufferers who meet outlined earnings necessities, and the medical psilocybin analysis fund, which can be used to supply grants to state analysis universities and well being care suppliers learning any aspect of the medical use of psilocybin.
- The Act expressly excludes U.S. Meals and Drug Administration (FDA)-approved merchandise that include psilocybin from use within the Program. Notably, the Act carved out using FDA-approved merchandise containing psilocybin in two circumstances: (1) in any analysis carried out by state analysis universities or well being care suppliers utilizing awarded grants from the medical psilocybin analysis fund, and (2) by certified sufferers whose therapies could also be funded by the medical psilocybin therapy fairness fund.
- Lastly, the Act included an modification to the New Mexico Managed Substances Act which carves out psilocybin and psilocin (the compound that psilocybin converts to within the physique) from the Schedule I substances record when used underneath the Act .
The Program should be applied by December 31, 2027. In growing the Program, the Division should work in collaboration with a wide range of stakeholders, together with the Board, well being care suppliers, and state greater training establishments. The Division should additionally interact in a tribal session in compliance with the State-Tribal Collaboration Act.
Foley will proceed to observe developments in New Mexico, together with however not restricted to the Division’s growth of the Program. In its present type, nevertheless, the Act presents licensed well being care suppliers in New Mexico the chance to broaden providers provided to their sufferers to incorporate medical psilocybin providers underneath the Program. This might have a profound impact on sufferers who’re struggling and getting little alleviation with their present therapy choices. We suggest well being care suppliers preserve a watchful eye on New Mexico because the states by which they’re licensed could quickly enact related medical psilocybin packages that might impression their practices.
Please attain out to your Foley relationship companion, or to our Well being Care Observe Group with any questions in regards to the new legislation.
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