Prohibitions, restrictions and limitations on the use of

psilocybin; criminal penalties. A. Participation in the program by a producer, clinician or qualified patient does not relieve the producer, clinician or qualified patient from: (1) criminal prosecution or civil penalties for activities not authorized in the Medical Psilocybin Act; or (2) liability for damages or criminal prosecution arising out of the operation of a motor vehicle if driving while under the influence of psilocybin. B. A person who makes a fraudulent representation to a law enforcement officer about the person's participation in the program to avoid arrest or prosecution for a psilocybin-related offense is guilty of a petty misdemeanor and shall be sentenced as provided in Section 31-19-1 NMSA 1978. History: Laws 2025, ch. 73, § 6.