The New Mexico House of Representatives has approved a Senate-passed bill to establish a therapeutic psilocybin program in the state.
On Tuesday, the legislation of Sen. Jeff Steinborn was passed by the House in a vote of 56-8. It had been approved last week by the Senate and Monday cleared the House Committee. The bill now goes to the Governor.
Medical Psilocybin Act – if signed into law – would enable patients with qualifying conditions access to the psychedelic, and allow them to use it in the presence of a healthcare professional.
Rep. Stefani (R), spoke before the vote about how well it works for PTSD, drug abuse, and OCD. [and] depression.”
The drug can be used in many different ways, she added.
Rep. Andrea Romero said, “We are now able to provide the very best care for veterans with PTSD or anxiety. We can also treat those suffering from great trauma.”
This is a great opportunity,” said the woman.
Rep. Catherine Cullen, (R), said that she believed psilocybin can “really help our veterans and people who are severely depressed or have certain addictions.”
In the bill, it is stated that the aim of the legislation “is to permit the beneficial use psilocybin under a regulated program for the relief of qualified medical conditions,” which include major treatment-resistant depressive disorders, PTSD or substance-use disorders as well as end-of-life support. State Department of Health could approve new conditions.
Under the legislation, psilocybin therapy would consist of a preparation session, an administration session and a follow-up integration session.
State Health Departments would have to establish training guidelines, such as dosage, acceptable settings for administration and production protocols, storage and handling, etc., for both clinicians, producers and others. The state officials will also issue licenses to producers who wish to cultivate mushrooms or process psilocybin.
Under the proposed legislation, synthetic psilocybins and their analogs would be prohibited.
A nine member advisory board will make recommendations on additional qualification conditions, as well as regulations around dosage and preparation. This board would also consider petitions from outside for new qualifying conditions.
SB 219 will also establish two state funds. Medical psilocybin Treatment Equity Fund would offset the costs of treating qualified patients that meet certain income standards set by Health Department. A medical psilocybin fund will provide grants for research on “any aspect of psilocybin’s medical use.”
In terms of cost, initially, $2 million was allocated from the State General Fund to the Department of Health to administer the Program, and an additional $1,000,000 each to the newly created research and equity funds.
However, an amendment passed in a Senate Committee removed the funding amount. Steinborn said that separate legislation contains $2,000,000 for the program if this bill is passed.
Senate Judiciary Committee approved a clarification that psilocybin providers will not be prosecuted for the work they do in relation to psychedelics but could be sued by medical malpractice.
The Senate adopted an amended last week to make it clear that federally-approved psilocybin will be legal under the law of the state, but such products won’t be regulated further by the State.
This amendment removed the requirement for the Department to develop “qualifying criteria” for clinicians and producers, added a member of the health care industry to the advisory council that would be formed by this bill, and struck language that was deemed redundant by the sponsor.
In 2023, the House Health and Human Services Committee also 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. This measure, however, did not progress further during the session of 2023.
The sponsor of this legislation announced it in late January. He said the proposed law “creates an carefully designed framework that will allow the Department of Health establish a medical programme for psilocybin usage.”
The New Mexicans must have the opportunity to access every treatment available for their serious mental health problems. And this therapy is a proven one that offers new hope to those who are in need.
Craig Brandt said, “I’m excited to have this new medical breakthrough available to New Mexicans”.
He said that medical psilocybin was effective at treating mental disorders such as depression, PTSD and traumatic brain injury. As a vet, I hope that this new option in medicine will help my fellow veterans.
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New Mexico legislators 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.
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 last year, the commissioners of New Mexico’s most populous County approved policy details for a plan that would stop testing government employees and punishing them for using marijuana outside work hours. 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. The Senate also approved a companion bill.
Texas Senator introduces bill to fund research into psychedelic therapies for depression and PTSD
Dick Culbert provided the photo.