New Mexico's medical psilocybin program: who qualifies and when it starts

What the Medical Psilocybin Act does

SB 219 makes New Mexico the first state to create a medical psilocybin program run through its health department, rather than an adult-use system like Oregon's or Colorado's. Psilocybin will be given to enrolled patients with qualifying conditions under the supervision of authorized providers, using state-licensed producers. Outside the program, psilocybin remains illegal in New Mexico.

The law names qualifying conditions including treatment-resistant major depression, post-traumatic stress disorder, substance use disorders and end-of-life care, and it creates an advisory board that can recommend more. Patients will need to work with a qualified medical provider; it is not walk-in access.

Where things stand in October 2026

• Timeline. The law requires the program to start by December 31, 2027. The Department of Health has said it aims to launch by December 31, 2026.
• Rules. The department held a public hearing on its draft rules on October 2, 2026, and received about 80 written comments. Lawmakers and advocates, including the bill's sponsor, Sen. Jeff Steinborn, objected to provisions such as landlord consent for in-home care, a 30-day patient review, an in-person exam requirement and staffing ratios. The rules were not final as of mid-October. Read our story.
• Producers. The department has issued its first psilocybin producer permit.
• Patients. No patients were enrolled yet. The department's patient and provider pages say it is still developing the process and asks people to check back.

How to get ready if you think you qualify

• Talk to your current doctor or mental health provider about whether your condition is likely to qualify, and keep records of past treatments, since "treatment-resistant" usually means other treatments haven't worked.
• Watch the Department of Health's Medical Psilocybin Program page for application details, or email the program at medical.psilocybin@doh.nm.gov.
• Until the program opens, the legal options are clinical trials or travel to Colorado, New Mexico's northern neighbor, where adults 21+ can use licensed healing centers.

Frequently asked questions