We’re proud to share that the Psychedelic Bar Association’s New Mexico Working Group recently submitted an official public comment to the New Mexico Department of Health regarding the draft rules for the state’s Medical Psilocybin Program.
Formed earlier this year, the PBA New Mexico Working Group has been actively engaging with the development of New Mexico’s groundbreaking regulated psilocybin access framework. The comment reflects substantial legal, policy, and ecosystem expertise from members working to help shape a program grounded in accessibility, equity, safety, and long-term sustainability.
The comment focused on several key areas:
- Affordable and equitable access: The Working Group urged regulators to avoid overregulation that could unnecessarily increase costs and limit access for low- and middle-income communities. The comment emphasized proportional safety standards, informed consent, peer-support and community-based models, and lessons learned from implementation challenges in Oregon and Colorado.
- Recognition of religious use and constitutional protections: The comment highlighted the importance of ensuring that the state’s medical framework does not undermine or delegitimize lawful religious and spiritual use practices protected under New Mexico law and the First Amendment.
- Federal tax and business structure concerns: Drawing from legal issues already emerging in Oregon and Colorado, the Working Group proposed regulatory amendments designed to reduce the severe federal tax burdens created by Internal Revenue Code Section 280E. The recommendations aimed to preserve program viability for smaller operators and healing centers.
- Protecting the integrity of the program from harmful profit incentives: The comment encouraged thoughtful ownership and investment regulations that support mission-aligned operators while preventing exploitative business practices that could undermine patient care and public trust.
- Reducing barriers for cultivators and renters: The Working Group also supported changes that would make it more feasible for property renters and smaller operators to participate in the program without exposing landlords to unnecessary legal risk.
We are deeply grateful to the members of the New Mexico Working Group for contributing their time, expertise, and thoughtful advocacy during this important stage of rulemaking. This is exactly the kind of collaborative, values-driven legal work that the PBA was created to support.
As state-regulated psychedelic programs continue to evolve across the country, we’re excited to see PBA members helping shape policy frameworks that prioritize justice, accessibility, and integrity from the outset.
You can read the full comment here.