New Mexico's draft medical psilocybin rules draw pushback at October 2 hearing

New Mexico's Department of Health (DOH) held a public hearing on October 2, 2026 on draft rules for the state's medical psilocybin program, and the proposal drew pushback from advocates and from Sen. Jeff Steinborn, the sponsor of the law behind it. The draft rules, numbered 7.35.3 NMAC, would carry out the Medical Psilocybin Act (SB 219). About 80 written comments came in, and as of October 2026 the rules are not final.

What critics objected to

According to Marijuana Moment, advocates and Steinborn objected to four parts of the draft:

• Landlord consent requirements for in-home care
• A 30-day patient review
• An in-person prescriber exam
• Staffing ratios

Coverage of the hearing in the Santa Fe Reporter and Psychedelics Today confirmed the hearing date, the roughly 80 written comments and that the rules remain in draft. We haven't seen a DOH response to the specific objections yet, so it isn't clear which provisions, if any, will change in the final version.

Where the program stands

SB 219 was signed in April 2025 and took effect June 20, 2025. It creates a state medical psilocybin program and requires it to start no later than December 31, 2027. DOH has moved faster than that: its program page says the program is "set to be implemented by December 31, 2026," a year ahead of the legal deadline, and the department has already issued its first producer permit.

That timeline is tight. It leaves DOH less than three months between the October 2 hearing and its target launch date to respond to comments and finalize the rules.

How New Mexico's model differs

Oregon and Colorado license psilocybin services for adults 21 and older. New Mexico's program is a medical one, built around patients and prescribers, which is why the draft rules address issues like a prescriber exam and patient review. Our New Mexico medical psilocybin guide covers the program in more detail.

Federal policy could also play a role. An April 18, 2026 executive order directs the Department of Health and Human Services, through ARPA-H, to allocate at least $50 million to partner with states that have psychedelic programs or are developing them. We found no announced awards under that directive as of October 2026.

What happens next

DOH still has to adopt final rules before the program can open. Until it does, there is no legal medical psilocybin access in New Mexico: possession outside the program is a misdemeanor under state law, and psilocybin remains a Schedule I drug federally. For the current status in every state, see our state-by-state law tracker, and for clinical trials and licensed programs elsewhere, see psilocybin therapy near me.