Are Mushrooms Legal in New Mexico? The Medical Program
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Last checked October 30, 2026.
This is general information, not legal advice. Check your state and local laws before ordering.
New Mexico’s Medical Psilocybin Act, Senate Bill 219, establishes a regulated program for the medical use of psilocybin, set to be implemented by December 31, 2026. Federal regulation 21 CFR 1308.11 lists psilocybin and psilocyn as Schedule I hallucinogenic substances, unless specifically excepted or listed in another schedule. The state Department of Health is now developing the program’s rules.
New Mexico passed a medical psilocybin law in 2025, and its state health department is still building the program that law created[1]. At the federal level, psilocybin and psilocyn sit on the Schedule I list in the Code of Federal Regulations[2].
Are magic mushrooms legal in New Mexico?
New Mexico’s state answer runs through Senate Bill 219, known as the Medical Psilocybin Act, which the New Mexico Department of Health (DOH) describes as establishing a regulated program for the medical use of psilocybin[1]. The DOH describes psilocybin as a naturally occurring psychedelic compound[1]. Federal regulation 21 CFR 1308.11 places psilocybin and psilocyn under Schedule I in its list of hallucinogenic substances[2]. That listing covers any material, compound, mixture or preparation containing any quantity of a listed substance, unless specifically excepted or unless listed in another schedule[2].
| Key fact | What the official source states |
|---|---|
| State law | Senate Bill 219, the Medical Psilocybin Act[1] |
| Signed | April 2025[1] |
| Effective date | June 20, 2025[1] |
| Program deadline | Set to be implemented by December 31, 2026[1] |
| Federal schedule | Psilocybin and psilocyn are listed in Schedule I, 21 CFR 1308.11(d)[2] |
What does Senate Bill 219 set up in New Mexico?
The Medical Psilocybin Act establishes a regulated program for the medical use of psilocybin to treat qualified medical conditions[1]. The department names major treatment-resistant depression, PTSD, substance use disorders and end-of-life care as examples of those qualified conditions[1]. The DOH page gives June 20, 2025 as the date the law takes hold, and says the program is set to be implemented by December 31, 2026[1].
How is New Mexico building its medical mushroom program?
The DOH says it has initiated a rulemaking process to develop the rules and regulations that will govern the new program[1]. That work also includes treatment protocols, safety guidelines, clinician and producer training requirements, and data collection methods to evaluate the program[1].
Who advises the department?
A Medical Psilocybin Advisory Board will assist the DOH, according to the department, so that the program is informed by expert guidance[1]. The department says it will provide regular updates and encourages healthcare providers, patients and community members to take part in upcoming public hearings and consultations[1].
What legal mushroom gummies and vapes are on the shelf?
The shop lists gummies in pouches of 2 to 20, Wunder Maxx tablets and disposable vapes from 2.2g to 3.5g[3]. Every brand carried states that its products are made without psilocybin[3]. Exodus makes the Mushy Vapes and Mushy Vapes XL disposables, in 2.2g or 3.5g sizes[3].
The mushroom gummies category lists Wunder gummies made with kava, blue lotus or kanna extract, in 2-count or 10-count pouches[4]. Wunder makes one gummy with each of those: Kava in Grape, Blue Lotus in Pink Lemonade and Kanna in Pineapple[4].
What do the lab reports show?
Each product page links the manufacturer’s certificate of analysis (COA) for every flavor listed[3]. These reports are supplied by the manufacturer, apply to the sample and batch named in each document, and have not been matched to current inventory batches[3]. Where a manufacturer report includes a psilocybin test, its result appears in that report on the product page[3].
How does shipping work for New Mexico orders?
Orders ship within the United States, according to the shipping policy[5]. International shipping is not offered[5]. Packages travel by USPS or UPS, and tracking is emailed when an order ships[5]. Dispatch runs Monday to Friday, excluding federal holidays, with an estimated 2 to 5 business days in transit after processing, and arrival dates are not guaranteed[5].
Frequently asked questions
Who signed New Mexico’s Medical Psilocybin Act?
Governor Michelle Lujan Grisham signed Senate Bill 219 into law in April 2025, according to the New Mexico Department of Health.
How can someone contact New Mexico’s medical psilocybin program?
The Department of Health lists [email protected] as the program’s contact address.
What federal code numbers do psilocybin and psilocyn carry?
Under 21 CFR 1308.11, psilocybin carries DEA Controlled Substances Code Number 7437 and psilocyn carries 7438.
How long does order processing take?
The shipping policy allows up to one business day for processing. Orders placed after noon Pacific Time, on weekends or on federal holidays begin processing the next business day.
Who can order from the shop?
Buyers must be 21 or older to order.
References
- New Mexico Department of Health. Medical Psilocybin Program. https://www.nmhealth.org/about/mcpp/mpp/. Accessed October 30, 2026.
- Office of the Federal Register (eCFR). 21 CFR 1308.11: Schedule I. https://www.ecfr.gov/current/title-21/chapter-II/part-1308/subject-group-ECFRf62f8e189108c4d/section-1308.11. Accessed October 30, 2026.
- Buy Mushrooms Here. Shop. https://buymushroomshere.com/shop/. Accessed October 30, 2026.
- Buy Mushrooms Here. Mushroom gummies. https://buymushroomshere.com/product-category/gummies/. Accessed October 30, 2026.
- Buy Mushrooms Here. Shipping Policy. https://buymushroomshere.com/shipping-policy/. Accessed October 30, 2026.
These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You must be 21 or older to purchase. Keep out of reach of children. Consult a physician before use if you are pregnant, nursing, have a medical condition, or take medications.