Newly introduced bipartisan legislation in New Mexico would establish a therapeutic psilocybin program in the state, legalizing the active ingredient in psychedelic mushrooms for use in a supervised medical setting.
Under SB 219, titled the Medical Psilocybin Act, patients with certain qualifying conditions would be able access psilocybin and use it under the guidance of a licensed healthcare provider. Therapy would consist of a preparation session, an administration session and a follow-up integration session.
Text of the measure as introduced says the act’s purpose “is to allow the beneficial use of psilocybin in a regulated system for alleviating qualified medical conditions.”
Qualifying conditions under the bill include major treatment-resistant depression, PTSD, substance use disorders and end-of-life care, though the state Department of Health could approve additional conditions.
The state would also license psilocybin producers to grow mushrooms and process psilocybin. Synthetic psilocybin and synthetic analogs of the substance would not be allowed under the proposal.
The 18-page bill has five listed sponsors, including four Democrats and one Republican. It’s been referred to the Senate Tax, Business and Transportation Committee.
“The Medical Psilocybin Act creates a carefully designed framework for the Department of Health to establish a medical program for psilocybin use,” said lead sponsor Sen. Jeff Steinborn (D) in statement posted to social media. “Ensuring New Mexicans have access to every available treatment for serious behavioral health challenges is critical, and this proven therapy offers new hope for those in need.”
Republican sponsor Sen. Craig Brandt, meanwhile, said he’s “excited to be able to offer this breakthrough medical treatment to New Mexicans.”
“Medical psilocybin is proving to be effective in treating traumatic brain injuries, post-traumatic stress disorder (PTSD), depression, and other mental health conditions,” he said. “As a veteran I’m hopeful that this new medical option will provide help to my fellow veterans.”
The state health department would be responsible for establishing guidelines around training for clinicians and producers, including dosage, approved settings for administration, production and storage protocols and other best practices.
A nine-member advisory board would recommend additional qualifying conditions as well as rules around preparation and dosage. The board would also review outside petitions for additional qualifying conditions.
SB 219 would also create two new state funds. A medical psilocybin treatment equity fund would help offset costs of treatment for qualified patients who meet income requirements that would be set by the health department. And a medical psilocybin research fund would issue grants to support research into “any facet of the medical use of psilocybin.”
In terms of costs, the bill would appropriate $2 million from the state general fund to the Department of Health in order to administer the program, while an additional $1 million each would go to the new research and equity funds.
Sen. Martin Hickey (D) called SB 219 “groundbreaking medical legislation for mental health and addiction.”
“It is akin to the breakthrough of the development of antibiotics,” he said in a statement.
On the House side, Rep. Liz Thomas (D) said that by “establishing a highly-regulated, state-run program, we can provide alternative options to those not responding to traditional treatment, in a safe, controlled environment.”
“When we’re facing epidemic levels of depression, anxiety, PTSD, and other debilitating mental health conditions, we owe it to those suffering to explore promising new treatments like psilocybin,” the lawmaker added.
Rep. Stefani Lord (R) echoed that sentiment, saying lawmakers “owe it to New Mexicans to explore the therapeutic potential of psilocybin.”
“Research shows that psilocybin used in coordination with a licensed therapist has positive effects on people with depression and PTSD by reducing fear and anxiety, disrupting negative thought loops, and leading to long-term symptom relief in short periods,” Lord said.
Added Rep Andrea Romero (D): “Psilocybin research is revolutionizing mental health care, offering hope to patients battling depression, PTSD, and anxiety. With this legislation, New Mexico is leading the charge in treatment innovation, setting a powerful precedent for compassionate and science-backed care.”
Last year, New Mexico lawmakers passed, and Gov. Michelle Lujan Grisham (D) endorsed, a resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic.
The prior year, the House Health and Human Services Committee passed a bill that called for the creation of a state body to study the possibility of launching a psilocybin therapy program for certain patients. That measure did not advance further in the 2023 session, however.
This year, a number of other state legislatures are set to consider psilocybin reforms, including New York, Washington State, Missouri, Rhode Island and Nevada.
Meanwhile in New Mexico, the U.S. Department of Homeland Security (DHS) and Customs and Border Protection (CBP) is urging a federal court to dismiss a lawsuit from licensed marijuana businesses that claim the agencies have been unconstitutionally seizing state-regulated marijuana products and detaining industry workers at interior checkpoints.
Photo courtesy of Wikimedia/Mushroom Observer.
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