New Mexico could become only the third state to fully legalize supervised medical psilocybin, the main psychoactive component of magic mushrooms, to treat a variety of medical conditions.
Senate Bill 219, aiming to do just that, passed through a Senate committee Tuesday.
It would establish a medical psilocybin program initially aimed at treating depression, anxiety, substance use disorders and end-of-life anxiety, and it sets up a $4 million annual allotment to pay for the program.
That would include $2 million to cover administrative costs and salaries for new staff, $1 million for an equity fund for those unable to afford treatment, and another million dollars for a research fund to support ongoing studies and investigations.
Similar to the Cannabis Regulation Act, the bill would allow the Secretary of Health to add more disorders to the list of qualifying conditions the program is approved to treat. However, the bill’s sponsor, Sen. Jeff Steinborn (D - Doña Ana) was quick to point out this program would not result in any sort of psilocybin dispensaries.
“It's very different from cannabis. People would not have cards. It's not a recreation program,” he said. “They would not even use it under this program — unless it was a hospice situation — on their own, it would be under medical supervision.”
The bill also shields participants from criminalization, but does penalize patients who use psilocybin outside of the program.
It passed through the Senate Taxation, Business and Transportation Committee with unanimous bipartisan support. Sen. Craig Brandt (R-Sandoval) said this treatment has been proven effective.
“It's something the VA has actually looked at and continues to look at,” Brandt said. “It is something that hopefully can help people.”
A similar bill was introduced in the 2023 legislative session, which stalled out after passing its first committee, but Steinborn told KUNM he thinks this year it will make it to the governor’s desk.
“I think we have a really good chance of passing this into law this session,” he said. “I think the bill itself is really tight and well-written. We put a lot of time into creating that thoughtful approach… So I hope we get it done, but you know, if things don't work out, of course, you just keep sticking with it. And many bills take several years to get done, but I'm not throwing in the towel, man.”
If signed into law, it would go into effect June 20, but Steinborn said it will be a multiyear process of ensuring the program is set up to succeed before patients begin dosing by the deadline of December 31, 2027.
Oregon and Colorado are currently the only states to allow the medical use of psilocybin, though 14 states have bills looking at expanding its use in their borders this year.
The drug is still federally listed as a schedule 1 substance, but enough studies have shown it’s effectiveness that the Food and Drug Administration has approved it as a breakthrough therapy for depression.
Support for this coverage comes from the W.K. Kellogg Foundation.
