New MexicoSB 2192025 Regular SessionSenateWALLET

MEDICAL PSILOCYBIN ACT

Sponsored By: Jeff Steinborn (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 1 costs, 0 mixed.

Legal protections for authorized psilocybin participants

Permitted producers, clinicians, qualified patients, and people present during authorized use receive protection from arrest, prosecution, and program-related penalties. Authorized activity alone cannot justify detention, searches, seizures, or property forfeiture. Covered people on probation, parole, or government supervision also cannot be penalized for authorized participation. Possession and transport must stay within department supply limits, and treatment must occur in approved settings. Protections exclude unauthorized activity and driving under the influence; the act does not cover FDA-approved clinical trials.

New medical psilocybin treatment for patients

New Mexico's health department must implement a medical psilocybin program by December 31, 2027. Qualifying conditions include major treatment-resistant depression, PTSD, substance use disorders, end-of-life care, and other department-approved conditions. Patients need approval from a permitted clinician and treatment in an approved setting; the department sets training, treatment, and safety standards. FDA-approved psilocybin products are generally outside the act. The law authorizes their use in research supported by research-fund grants and treatment for qualified patients eligible for treatment-equity funding.

Treatment fund helps income-qualified psilocybin patients

The law creates a state fund to help pay for medical psilocybin treatment. Patients must qualify for the program and meet income rules set by the health department. The fund accepts appropriations, gifts, grants, and donations, and unused money stays in the fund. The Legislature must approve spending; the law sets no funding amount, patient benefit amount, or income limit.

Research grants support medical psilocybin studies

The law creates a state fund for grants studying any aspect of medical psilocybin use. State research universities and health care providers are eligible recipients. The fund accepts appropriations, gifts, grants, and donations, and unused money stays in the fund. The Legislature must approve spending, and the law sets no funding amount.

Tax deduction for medical psilocybin sellers

Sellers can deduct receipts from psilocybin products and medical care sold under the Medical Psilocybin Act. The deduction applies to New Mexico gross receipts and governmental gross receipts taxes. The law sets no savings amount and does not require sellers to lower patient prices.

False psilocybin participation claims bring penalties

Fraudulently claiming program participation to a law enforcement officer is a petty misdemeanor. The claim must be made to avoid arrest or prosecution for a psilocybin-related offense.

Sponsors & Cosponsors

Sponsor

  • Jeff Steinborn

    Democratic • Senate

Cosponsors

  • Andrea Romero

    Democratic • House

  • Catherine J. Cullen

    Republican • House

  • Craig W. Brandt

    Republican • Senate

  • Elizabeth "Liz" Stefanics

    Democratic • Senate

  • Elizabeth "Liz" Thomson

    Democratic • House

  • Martin Hickey

    Democratic • Senate

  • Shannon D. Pinto

    Democratic • Senate

  • Stefani Lord

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 89 • No: 12

House vote • 3/18/2025

Final House Vote

Yes: 56 • No: 8

Senate vote • 3/12/2025

Final Senate Vote

Yes: 33 • No: 4

Actions Timeline

  1. Signed by Governor - Chapter 73 - Apr. 7

    4/7/2025Senate
  2. Passed in the House of Representatives - Y:56 N:8

    3/18/2025House
  3. HHHC: Reported by committee with Do Pass recommendation

    3/17/2025House
  4. Sent to HHHC - Referrals: HHHC

    3/13/2025Senate
  5. Passed in the Senate - Y:33 N:4

    3/12/2025Senate
  6. Senate Floor Amendment

    3/12/2025Senate
  7. SFC: Reported by committee with Do Pass recommendation

    3/10/2025Senate
  8. SJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution

    3/6/2025Senate
  9. STBTC: Reported by committee with Do Pass recommendation with amendment(s)

    2/12/2025Senate
  10. Sent to STBTC - Referrals: STBTC/SJC/SFC

    1/30/2025Senate

Bill Text

  • Final Version

    4/8/2025

  • HHHC Committee Report   3/17/25

    3/17/2025

  • Senate Floor Amendment 1   3/12/25

    3/12/2025

  • SFC Committee Report   3/10/25

    3/10/2025

  • SJC Committee Report   3/06/25

    3/6/2025

  • SJC Committee Substitute   3/06/25

    3/6/2025

  • STBTC Committee Report   2/12/25

    2/12/2025

  • Introduced

    1/30/2025

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