“By virtue of our law, the Medical Psilocybin Act, we have given people the legal right to access this plant medicine.”
By Jack Gorsline, Psychedelic State(s) of America
Medical providers, military veterans, legal experts and the primary legislative author of New Mexico’s Medical Psilocybin Act delivered a unified rebuke to the New Mexico Department of Health during an October 2 public rulemaking hearing, warning that newly added administrative mandates threaten to make the state’s landmark psychedelic therapy program inaccessible to its most vulnerable residents.
The two-hour hybrid hearing centered on proposed rule 7.35.3 NMAC and amendments to 7.35.2 NMAC, which establish the clinical, licensing and operational framework for the state-regulated program created under 2025 Senate Bill 219.
With the health department accelerating the program’s launch to December 2026 (a full year ahead of the statutory deadline), stakeholders testified before Hearing Officer Craig Erickson and agency General Counsel Mr. Woodward that the draft regulations copy outdated restrictions from the state’s nearly 20-year-old medical cannabis program.
Across roughly 80 written public comment submissions and hours of oral testimony, speakers argued that the proposed prescriber gateways, landlord consent requirements and rigid staffing ratios exceed statutory authority, invite discrimination lawsuits and
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