NMSA 26-2D-5. Exemption from criminal and civil penalties for the medical

26-2D-5. Exemption from criminal and civil penalties for the medical use of psilocybin. A. A producer, clinician or qualified patient shall not be subject to arrest, prosecution or penalty for participating in the program. B. The following conduct is lawful and shall not constitute grounds for detention, search or arrest of a person or for a violation of probation or parole, and psilocybin that relates to the conduct is not contraband or subject to seizure or forfeiture pursuant to the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or the Forfeiture Act [Chapter 31, Article 27 NMSA 1978]: (1) a producer or clinician possessing or transporting not more than an adequate supply of psilocybin for medical purposes as defined by department rule; and (2) a clinician administering or a qualified patient taking psilocybin in an approved setting in accordance with the Medical Psilocybin Act or rules promulgated in accordance with that act. C. A clinician shall not be subject to arrest or prosecution or denied any right or privilege for recommending the program or providing medical services authorized in the Medical Psilocybin Act. D. A person shall not be subject to arrest or prosecution for a psilocybin-related offense for simply being in the presence of the medical use of psilocybin as allowed under the provisions of the Medical Psilocybin Act. E. The Medical Psilocybin Act does not apply to federal food and drug administration-approved clinical trials. History: Laws 2025, ch. 73, § 5.