The New Mexico Senate has passed a bill to establish a therapeutic psilocybin program in the state.
After clearing three separate committees over the past month, the legislation from Sen. Jeff Steinborn (D) was approved by the full chamber in a 33-4 vote on Wednesday, sending it to the House of Representatives.
If enacted, the Medical Psilocybin Act would allow patients with certain qualifying conditions to access the psychedelic and use it under the guidance of a licensed healthcare provider.
“I have come to know and become friends with combat veterans, physicians, providers and even practitioners who serve patients dealing with end-of-life anxiety,” Steinborn said on the floor. “This bill seeks to create a carefully calculated, thoughtful and patient program that would be developed by the Department of Health…to allow patients in a medical setting.”
“This is very different from cannabis. It could only be administered in a medical setting by licensed providers,” he said. “Sometimes it can be as effective as one treatment, and people can have long-term relief from that that they’re dealing with.”
The sponsor added that “we recognize the important need of continuing to do research, so we have the best program here, where the Department of Health is making the best available science decisions on medical setting, dosage, et cetera.”
Sen. Jay Block (R), a veteran himself, said that while he was initially “adamantly opposed” to the proposed reform, he has come to better understand the issue as a “right to try” policy for those with serious mental health conditions. He teared up during the Senate debate, recognizing veterans and others who he’s since learned benefitted from the psychedelic.
An amendment from Sen. Katy Huhigg (D) was adopted on the floor to clarify that the use of federally approved psilocybin would be allowed under the state law, but that such products would not be further regulated by the state.
The amendment would also remove a requirement that the department develop “qualifying conditions” for producers and clinicians, add a health care provider to the advisory board that would be created by the bill and strike language the sponsor described as “redundant.”
The measure says its purpose “is to allow the beneficial use of psilocybin in a regulated system for alleviating qualified medical conditions,” including major treatment-resistant depression, PTSD, substance use disorders and end-of-life care. The state Department of Health would be able to approve additional conditions.
Therapy would consist of a preparation session, an administration session and a follow-up integration session.
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. State officials would also license producers to grow mushrooms and process psilocybin.
Synthetic psilocybin and synthetic analogs of the substance would not be allowed under the proposal.
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 initially would have appropriated $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.
An amendment adopted by the Senate Tax, Business and Transportation Committee stripped the appropriation amount from the bill, however. Steinborn noted that a separate bill contains $2 million for the plan if it becomes law.
The same amendment also added a veteran representative to the proposed advisory board.
The panel also adopted a technical amendment to the bill that Steinborn said was intended to correct a provision that unintentionally created a conflict around the legality of psilocybin.
The Judiciary Committee, meanwhile, approved an amendment intended to clarify that while psilocybin service providers would be shielded from criminal prosecution for their work related to psychedelics, they could still be subject to medical malpractice claims.
When announcing the legislation late January, the sponsor said that the proposal “creates a carefully designed framework for the Department of Health to establish a medical program for psilocybin use.”
“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,” he said.
Meanwhile, the Republican sponsor Sen. Craig Brandt (R) 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, 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.”
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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.
Meanwhile in New Mexico, the U.S. Department of Homeland Security (DHS) and Customs and Border Protection (CBP) are 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.
Separately, late least year commissioners of New Mexico’s most populous county approved policy details of a plan to stop testing and punishing most government employees for off-hours marijuana use. Bernalillo County, where Albuquerque is located, appears to be the first public body in the state to implement such a reform following the state’s legalization of cannabis in 2021.
Meanwhile in New Mexico, a House committee recently passed a bill that would further protect medical marijuana patients in the state from being penalized at work for off-duty use of cannabis. And a Senate companion version of the legislation also moved through a panel in that chamber.
Nevada Lawmakers File Bill To Create Psychedelics Therapy Pilot Program
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