Are magic mushrooms legal in New Mexico?
Medical onlyOnly through medical channels. Psilocybin is available in New Mexico under a clinician or authorisation scheme, not for general or recreational use.
The Medical Psilocybin Act (SB 219, 2025) creates a state medical programme for treatment-resistant depression, PTSD, substance use disorders and end-of-life care, under medical supervision and using natural psilocybin only. The Department of Health is still writing rules with a nine-seat advisory board and aims to enrol the first patients by the end of December 2026. Until then psilocybin is not legally available outside clinical research, and recreational possession remains illegal.
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What is and is not allowed
- Possession
- Psilocybin is not legally available in New Mexico outside clinical research until the Medical Psilocybin Program's rules take effect, according to the NM Department of Health.
- Sale and supply
- No legal sale exists yet; the Department of Health is still writing rules covering cultivation requirements, permitting, product testing and treatment protocols.
- Recent changes
- SB 219 was signed in April 2025 and took effect on 20 June 2025. NMDOH's goal is to enrol the first patients by the end of December 2026; its FAQ (file dated March 2026) said enrollment had not started.
Governing law
Medical Psilocybin Act, SB 219 (2025), NMSA 1978 Chapter 26 Article 2D
Common questions
Are magic mushrooms legal in New Mexico?
Not yet in practice. The Medical Psilocybin Act is law, but NMDOH says psilocybin is not legally available outside clinical research until programme rules take effect.
Who will qualify for medical psilocybin?
The Act names treatment-resistant depression, PTSD, substance use disorders and end-of-life care. Detailed eligibility rules are still being written.
When does the programme start?
NMDOH's stated goal is to enrol the first patients by the end of December 2026.