Is psilocybin legal in New Mexico?

Current status

• Psilocybin and psilocin are listed in Schedule I, NMSA 1978 §30-31-6(C)(14) and (15), but §30-31-6(E) says their listing does not apply to medical use under the Medical Psilocybin Act (New Mexico Legislature, 8 Apr 2025)

• The Medical Psilocybin Act (SB 219, Laws 2025, chapter 73) was signed on 7 April 2025 and allows psilocybin use in an approved setting to treat qualifying medical conditions. (New Mexico Legislature, 7 Apr 2025; New Mexico Legislature, 8 Apr 2025)
• Qualifying conditions in the Act are major treatment-resistant depression, posttraumatic stress disorder, substance use disorders and end-of-life care, and the Department of Health may add others. (New Mexico Legislature, 8 Apr 2025; New Mexico Department of Health, current page)
• The Act requires the Department of Health to implement the program by 31 December 2027; the Department says it plans to implement it by 31 December 2026. (New Mexico Legislature, 8 Apr 2025; New Mexico Department of Health, current page)
• The Act creates a Medical Psilocybin Advisory Board of nine members to advise the Department. (New Mexico Legislature, 8 Apr 2025)
• The Department held a public hearing on 24 April 2026 on 7.35.2 NMAC (psilocybin producers and testing laboratories) and on 2 October 2026 on 7.35.3 NMAC (patients, certifying clinicians, facilitators and approved locations). (New Mexico Department of Health, 2026; New Mexico Department of Health, 2026)

Decriminalized cities and counties

None found as of 26 Oct 2026.

A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.

Penalties

• Outside the medical program, possessing any amount of a Schedule I to IV substance not specifically listed elsewhere, which includes psilocybin, is a misdemeanor punishable by a fine of $500 to $1,000, imprisonment for less than one year, or both (NMSA 1978 §30-31-23(D)). (New Mexico Legislature, 2026)

Federal law applies in New Mexico too

• Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
• Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)

Law-change log

• 20 Jun 2025: The Medical Psilocybin Act (SB 219), signed in April 2025, took effect. It creates a medical program for qualifying conditions; the Department of Health gives a target implementation date of 31 December 2026 and the statute requires the program by 31 December 2027. It is not an adult-use or retreat framework. (New Mexico Legislature, 2025; New Mexico Department of Health, current page)

Questions and answers

Is psilocybin legal in New Mexico?

Psilocybin is legal in New Mexico only for medical use under the Medical Psilocybin Act (SB 219, 2025); otherwise it remains a Schedule I controlled substance under NMSA 30-31-6, and the Department of Health program is still being set up for a December 2026 launch.

Has any city in New Mexico decriminalized psilocybin?

We found no city or county measure in New Mexico that makes psilocybin a low enforcement priority, as of 26 Oct 2026.

Are there psilocybin bills in New Mexico?

None is pending. Recent bills: SB 219, Signed 7 April 2025, Laws 2025 chapter 73.

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