Chapter 26 — Chapter 26

The purpose of the Medical Psilocybin Act is to allow the beneficial use of psilocybin in a regulated system for alleviating qualified medical conditions. History: Laws 2025, ch. 73, § 2.

As used in the Medical Psilocybin Act: A. "board" means the medical psilocybin advisory board; B. "clinician" means an approved health care provider licensed in New Mexico who holds a permit from the department to provide medical services to qualified patients; C. "department" me…

Federal food and drug administration-approved products that contain psilocybin shall be exempt from the Medical Psilocybin Act, with the exception that such products shall be authorized for use: A. in any research conducted by state research universities or health care providers …

use of psilocybin. A. A producer, clinician or qualified patient shall not be subject to arrest, prosecution or penalty for participating in the program. B. The following conduct is lawful and shall not constitute grounds for detention, search or arrest of a person or for a viola…

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 Ac…

A. The "medical use of psilocybin program" is created in the department. In developing the program, the department shall establish: (1) appropriate qualifying conditions for qualified patients; (2) necessary initial and ongoing training for producers and clinicians; (3) treatment…

A. The secretary shall establish the "medical psilocybin advisory board", consisting of nine members who are knowledgeable about the medical use of psilocybin. At least one member shall be an enrolled member of an Indian nation, tribe or pueblo located wholly or partially in New …

The department shall promulgate rules for the collection of data from producers, clinicians and qualified patients as a means to evaluate the efficacy of the medical use of psilocybin and publish an annual assessment of the program. The assessment shall consider the needs of qual…

Sections 26-3-1 through 26-3-3 NMSA 1978 may be cited as the "Drug Product Selection Act." History: 1953 Comp., § 54-6-28.1, enacted by Laws 1976, ch. 60, § 2.

It is the purpose of the Drug Product Selection Act to assure that all New Mexico citizens continue to receive high quality drugs at a reasonable cost. History: 1953 Comp., § 54-6-28.2, enacted by Laws 1976, ch. 60, § 3.

exception for prohibition; labeling. A. Upon receipt of a prescription written by a licensed practitioner who may prescribe drugs or biological products for a drug or biological product for which one or more multiple-source drugs or interchangeable biological products are recogni…

Chapter 26, Article 4 NMSA 1978 may be cited as the "Wholesale Prescription Drug Importation Act". History: Laws 2020, ch. 45, § 1; 2024, ch. 39, § 57.

The provisions of the Wholesale Prescription Drug Importation Act may be extended to any other country allowed by federal law to import prescription drugs into the United States, at the discretion of the department. History: Laws 2020, ch. 45, § 10.

As used in the Wholesale Prescription Drug Importation Act: A. "Canadian supplier" means a manufacturer, wholesale distributor or pharmacy that is appropriately licensed or permitted under Canadian federal or provincial laws and rules to manufacture, distribute or dispense prescr…

A. The "prescription drug importation advisory committee" is created as an interagency advisory committee of the health care authority. The committee consists of: (1) the secretary of health care authority, who shall serve as the chair of the committee; (2) the executive director…

The department, in consultation with the committee, shall design a "wholesale prescription drug importation program" that complies with the applicable requirements of 21 U.S.C. Section 384, including the requirements regarding safety and cost savings. The department shall explore…

The department shall consult with the attorney general to identify the potential, and to monitor, for anti-competitive behavior in industries that would be affected by the program. History: Laws 2020, ch. 45, § 5.

On or before December 15, 2020, the department shall submit a formal request to the secretary of the United States department of health and human services for certification of the state's program. History: Laws 2020, ch. 45, § 6.

Upon certification of approval by the secretary of the United States department of health and human services, the department shall begin implementing the program and begin operating the program within six months of that approval. As part of the implementation process, the departm…

Annually, after implementation, the department shall report to the governor and the legislature regarding the operation of the program during the previous year, including: A. which eligible prescription drugs and Canadian suppliers are included in the program; B. the number of pa…

The "wholesale prescription drug importation fund" is created as a nonreverting fund in the state treasury. The fund consists of money received by the state through the implementation of the program pursuant to the Wholesale Prescription Drug Importation Act and appropriations, g…