USE OF FDA-APPROVED PSILOCYBIN

HB0336

HOUSE BILL 336

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Dayan Hochman-Vigil

AN ACT

RELATING TO CONTROLLED SUBSTANCES; PROVIDING FOR THE USE OF
FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED SYNTHETIC
PSILOCYBIN OR -APPROVED DRUGS THAT CONTAIN SYNTHETIC
PSILOCYBIN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 30-31-3 NMSA 1978 (being Laws 1972,
Chapter 84, Section 3, as amended) is amended to read:

"30-31-3. DUTY TO ADMINISTER.--

A. The board shall administer the Controlled
Substances Act and may add by [
regulation
]
rule
substances to
the list of substances enumerated in Schedules I through IV
pursuant to the procedures of the [
Uniform Licensing
]
State
Rules
Act. In determining whether a substance has the
potential for abuse, the board shall consider the following:

(1) the actual or relative abuse of the
substance;

(2) the scientific evidence of the
pharmacological effect of the substance, if known;

(3) the state of current scientific knowledge
regarding the substance;

(4) the history and current pattern of abuse;

(5) the scope, duration and significance of
abuse;

(6) the risk to the public health; and

(7) the potential of the substance to produce
psychic or physiological dependence liability.

B. After considering the factors enumerated in
Subsection A of this section, the board shall make findings and
issue [
regulations
]
rules
controlling the substance if it finds
the substance has a potential for abuse.

C. If [
any
]
a
substance is designated as a
controlled substance under federal law and notice is given to
the board, the board may, by [
regulation
]
rule
, similarly
control the substance under the Controlled Substances Act after
providing for a hearing pursuant to the [
Uniform Licensing
]

State Rules
Act.

D. If the federal food and drug administration
approves synthetic psilocybin or a drug containing synthetic
psilocybin, synthetic psilocybin or the drug containing
synthetic psilocybin shall be approved for use in New Mexico.

[
D.
]
E.
Authority to control under this section
does not extend to distilled spirits, wine, malt beverages,
tobacco or pesticides as defined in the Pesticide Control Act."

SECTION 2.
Section 30-31-6 NMSA 1978 (being Laws 1972,
Chapter 84, Section 6, as amended) is amended to read:

"30-31-6. SCHEDULE I.--The following controlled
substances are included in Schedule I:

A. any of the following opiates, including their
isomers, esters, ethers, salts and salts of isomers, esters and
ethers, unless specifically exempted, whenever the existence of
these isomers, esters, ethers and salts is possible within the
specific chemical designation:

(1) acetylmethadol;

(2) allylprodine;

(3) alphacetylmethadol;

(4) alphameprodine;

(5) alphamethadol;

(6) benzethidine;

(7) betacetylmethadol;

(8) betameprodine;

(9) betamethadol;

(10) betaprodine;

(11) clonitazene;

(12) dextromoramide;

(13) dextrorphan;

(14) diampromide;

(15) diethylthiambutene;

(16) dimenoxadol;

(17) dimepheptanol;

(18) dimethylthiambutene;

(19) dioxaphetyl butyrate;

(20) dipipanone;

(21) ethylmethylthiambutene;

(22) etonitazene;

(23) etoxeridine;

(24) furethidine;

(25) hydroxypethidine;

(26) ketobemidone;

(27) levomoramide;

(28) levophenacylmorphan;

(29) morpheridine;

(30) noracymethadol;

(31) norlevorphanol;

(32) normethadone;

(33) norpipanone;

(34) phenadoxone;

(35) phenampromide;

(36) phenomorphan;

(37) phenoperidine;

(38) piritramide;

(39) proheptazine;

(40) properidine;

(41) racemoramide; and

(42) trimeperidine;

B. any of the following opium derivatives, their
salts, isomers and salts of isomers, unless specifically
exempted, whenever the existence of these salts, isomers and
salts of isomers is possible within the specific chemical
designation:

(1) acetorphine;

(2) acetyldihydrocodeine;

(3) benzylmorphine;

(4) codeine methylbromide;

(5) codeine-N-oxide;

(6) cyprenorphine;

(7) desomorphine;

(8) dihydromorphine;

(9) etorphine;

(10) heroin;

(11) hydromorphinol;

(12) methyldesorphine;

(13) methyldihydromorphine;

(14) morphine methylbromide;

(15) morphine methylsulfonate;

(16) morphine-N-oxide;

(17) myrophine;

(18) nicocodeine;

(19) nicomorphine;

(20) normorphine;

(21) pholcodine; and

(22) thebacon;

C. any material, compound, mixture or preparation
that contains any quantity of the following hallucinogenic
substances, their salts, isomers and salts of isomers, unless
specifically exempted, whenever the existence of these salts,
isomers and salts of isomers is possible within the specific
chemical designation:

(1) 3,4-methylenedioxy amphetamine;

(2) 5-methoxy-3,4-methylenedioxy amphetamine;

(3) 3,4,5-trimethoxy amphetamine;

(4) bufotenine;

(5) diethyltryptamine;

(6) dimethyltryptamine;

(7) 4-methyl-2,5-dimethoxy amphetamine;

(8) ibogaine;

(9) lysergic acid diethylamide;

(10) mescaline;

(11) peyote, except as otherwise provided in
the Controlled Substances Act;

(12) N-ethyl-3-piperidyl benzilate;

(13) N-methyl-3-piperidyl benzilate;

(14) psilocybin, except as provided otherwise
in the Controlled Substances Act and the Medical Psilocybin Act

and except for federal food and drug administration-approved
synthetic psilocybin or -approved drugs that contain synthetic
psilocybin
;

(15) psilocin, except as provided otherwise in
the Controlled Substances Act and the Medical Psilocybin Act;

(16) synthetic cannabinoids, including:

(a) 1-[2-(4-(morpholinyl)ethyl]

-3-(1-naphthoyl)indole;

(b) 1-butyl-3-(1-napthoyl)indole;

(c) 1-hexyl-3-(1-naphthoyl)indole;

(d) 1-pentyl-3-(1-naphthoyl)indole;

(e) 1-pentyl-3-(2-methoxyphenylacetyl)
indole;

(f) cannabicyclohexanol (CP 47, 497 and
homologues: 5-(1,1-dimethylheptyl)-2-[(1R,3S)

-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,

1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

(g) 6aR,10aR)-9-(hydroxymethyl)

-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,

10a-tetrahydrobenzo[c]chromen-1-ol);

(h) dexanabinol, (6aS,10aS)

-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)

-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

(i) 1-pentyl-3-(4-chloro naphthoyl)
indole;

(j) (2-methyl-1-propyl-1H-indol-3-yl)

-1-naphthalenyl-methanone; and

(k) 5-(1,1-dimethylheptyl)-2-(3-hydroxy
cyclohexyl)-phenol;

(17) 3,4-methylenedioxymethcathinone;

(18) 3,4-methylenedioxypyrovalerone;

(19) 4-methylmethcathinone;

(20) 4-methoxymethcathinone;

(21) 3-fluoromethcathinone; and

(22) 4-fluoromethcathinone;

D. the enumeration of peyote as a controlled
substance does not apply to the use of peyote in bona fide
religious ceremonies by a bona fide religious organization, and
members of the organization so using peyote are exempt from
registration. Any person who manufactures peyote for or
distributes peyote to the organization or its members shall
comply with the federal Comprehensive Drug Abuse Prevention and
Control Act of 1970 and all other requirements of law;

E. the enumeration of psilocybin and psilocin in
this schedule does not apply to their medical use as provided
in the Medical Psilocybin Act;

F. the enumeration of Schedule I controlled
substances does not apply to:

(1) hemp pursuant to rules promulgated by the
board of regents of New Mexico state university on behalf of
the New Mexico department of agriculture;

(2) cultivation of hemp by persons pursuant to
rules promulgated by the board of regents of New Mexico state
university on behalf of the New Mexico department of
agriculture;

(3) tetrahydrocannabinols or chemical
derivatives of tetrahydrocannabinols, including
tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinols with concentrations of up to five percent
as measured using a post-decarboxylation method and based on
percentage dry weight, possessed by a person in connection with
the cultivation, transportation, testing, researching,
manufacturing or other processing of the plant Cannabis sativa
L., or any part of the plant whether growing or not, if
authorized pursuant to rules promulgated, pursuant to the Hemp
Manufacturing Act, by the board of regents of New Mexico state
university on behalf of the New Mexico department of
agriculture or the department of environment; or

(4) tetrahydrocannabinols or chemical
derivatives of tetrahydrocannabinols, including
tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinols in any concentration possessed by a
person in connection with the extraction of
tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinols, if authorized pursuant to rules
promulgated, pursuant to the Hemp Manufacturing Act, by the
board of regents of New Mexico state university on behalf of
the New Mexico department of agriculture or the department

of environment; and

G. controlled substances added to Schedule I by
rule adopted by the board pursuant to Section 30-31-3 NMSA
1978."

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