HB 336

                                1  HOUSE BILL 336
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Dayan Hochman-Vigil
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CONTROLLED SUBSTANCES; PROVIDING FOR THE USE OF
                                12   FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED SYNTHETIC
                                13   PSILOCYBIN OR -APPROVED DRUGS THAT CONTAIN SYNTHETIC
                                14   PSILOCYBIN.
                                15
                                16   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                17        SECTION 1.     Section 30-31-3 NMSA 1978 (being Laws 1972,
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                                18   Chapter 84, Section 3, as amended) is amended to read:
                                19        "30-31-3.     DUTY TO ADMINISTER.--
                                20  A.   The board shall administer the Controlled
                                21   Substances Act and may add by [regulation] rule substances to
                                22   the list of substances enumerated in Schedules I through IV
                                23   pursuant to the procedures of the [Uniform Licensing] State
                                24   Rules Act.    In determining whether a substance has the
                                25   potential for abuse, the board shall consider the following:
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                                1  (1)   the actual or relative abuse of the
                                2    substance;
                                3  (2)   the scientific evidence of the
                                4    pharmacological effect of the substance, if known;
                                5  (3)   the state of current scientific knowledge
                                6    regarding the substance;
                                7  (4)   the history and current pattern of abuse;
                                8  (5)   the scope, duration and significance of
                                9    abuse;
                                10  (6)   the risk to the public health; and
                                11  (7)   the potential of the substance to produce
                                12   psychic or physiological dependence liability.
                                13  B.   After considering the factors enumerated in
                                14   Subsection A of this section, the board shall make findings and
                                15   issue [regulations] rules controlling the substance if it finds
                                16   the substance has a potential for abuse.
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                                17  C.   If [any] a substance is designated as a
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                                18   controlled substance under federal law and notice is given to
                                19   the board, the board may, by [regulation] rule, similarly
                                20   control the substance under the Controlled Substances Act after
                                21   providing for a hearing pursuant to the [Uniform Licensing]
                                22   State Rules Act.
                                23  D.   If the federal food and drug administration
                                24   approves synthetic psilocybin or a drug containing synthetic
                                25   psilocybin, synthetic psilocybin or the drug containing
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                                1    synthetic psilocybin shall be approved for use in New Mexico.
                                2  [D.] E.     Authority to control under this section
                                3    does not extend to distilled spirits, wine, malt beverages,
                                4    tobacco or pesticides as defined in the Pesticide Control Act."
                                5  SECTION 2.    Section 30-31-6 NMSA 1978 (being Laws 1972,
                                6    Chapter 84, Section 6, as amended) is amended to read:
                                7  "30-31-6.    SCHEDULE I.--The following controlled
                                8    substances are included in Schedule I:
                                9  A.   any of the following opiates, including their
                                10   isomers, esters, ethers, salts and salts of isomers, esters and
                                11   ethers, unless specifically exempted, whenever the existence of
                                12   these isomers, esters, ethers and salts is possible within the
                                13   specific chemical designation:
                                14  (1)    acetylmethadol;
                                15  (2)    allylprodine;
                                16  (3)    alphacetylmethadol;
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                                17  (4)    alphameprodine;
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                                18  (5)    alphamethadol;
                                19  (6)    benzethidine;
                                20  (7)    betacetylmethadol;
                                21  (8)    betameprodine;
                                22  (9)    betamethadol;
                                23  (10)    betaprodine;
                                24  (11)    clonitazene;
                                25  (12)    dextromoramide;
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                                1  (13)   dextrorphan;
                                2  (14)   diampromide;
                                3  (15)   diethylthiambutene;
                                4  (16)   dimenoxadol;
                                5  (17)   dimepheptanol;
                                6  (18)   dimethylthiambutene;
                                7  (19)   dioxaphetyl butyrate;
                                8  (20)   dipipanone;
                                9  (21)   ethylmethylthiambutene;
                                10  (22)   etonitazene;
                                11  (23)   etoxeridine;
                                12  (24)   furethidine;
                                13  (25)   hydroxypethidine;
                                14  (26)   ketobemidone;
                                15  (27)   levomoramide;
                                16  (28)   levophenacylmorphan;
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                                17  (29)   morpheridine;
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                                18  (30)   noracymethadol;
                                19  (31)   norlevorphanol;
                                20  (32)   normethadone;
                                21  (33)   norpipanone;
                                22  (34)   phenadoxone;
                                23  (35)   phenampromide;
                                24  (36)   phenomorphan;
                                25  (37)   phenoperidine;
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                                1  (38)   piritramide;
                                2  (39)   proheptazine;
                                3  (40)   properidine;
                                4  (41)   racemoramide; and
                                5  (42)   trimeperidine;
                                6  B.   any of the following opium derivatives, their
                                7    salts, isomers and salts of isomers, unless specifically
                                8    exempted, whenever the existence of these salts, isomers and
                                9    salts of isomers is possible within the specific chemical
                                10   designation:
                                11  (1)    acetorphine;
                                12  (2)    acetyldihydrocodeine;
                                13  (3)    benzylmorphine;
                                14  (4)    codeine methylbromide;
                                15  (5)    codeine-N-oxide;
                                16  (6)    cyprenorphine;
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                                17  (7)    desomorphine;
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                                18  (8)    dihydromorphine;
                                19  (9)    etorphine;
                                20  (10)   heroin;
                                21  (11)   hydromorphinol;
                                22  (12)   methyldesorphine;
                                23  (13)   methyldihydromorphine;
                                24  (14)   morphine methylbromide;
                                25  (15)   morphine methylsulfonate;
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                                1  (16)   morphine-N-oxide;
                                2  (17)   myrophine;
                                3  (18)   nicocodeine;
                                4  (19)   nicomorphine;
                                5  (20)   normorphine;
                                6  (21)   pholcodine; and
                                7  (22)   thebacon;
                                8  C.   any material, compound, mixture or preparation
                                9    that contains any quantity of the following hallucinogenic
                                10   substances, their salts, isomers and salts of isomers, unless
                                11   specifically exempted, whenever the existence of these salts,
                                12   isomers and salts of isomers is possible within the specific
                                13   chemical designation:
                                14  (1)    3,4-methylenedioxy amphetamine;
                                15  (2)    5-methoxy-3,4-methylenedioxy amphetamine;
                                16  (3)    3,4,5-trimethoxy amphetamine;
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                                17  (4)    bufotenine;
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                                18  (5)    diethyltryptamine;
                                19  (6)    dimethyltryptamine;
                                20  (7)    4-methyl-2,5-dimethoxy amphetamine;
                                21  (8)    ibogaine;
                                22  (9)    lysergic acid diethylamide;
                                23  (10)   mescaline;
                                24  (11)   peyote, except as otherwise provided in
                                25   the Controlled Substances Act;
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                                1  (12)   N-ethyl-3-piperidyl benzilate;
                                2  (13)   N-methyl-3-piperidyl benzilate;
                                3  (14)   psilocybin, except as provided otherwise
                                4    in the Controlled Substances Act and the Medical Psilocybin Act
                                5    and except for federal food and drug administration-approved
                                6    synthetic psilocybin or -approved drugs that contain synthetic
                                7    psilocybin;
                                8  (15)   psilocin, except as provided otherwise in
                                9    the Controlled Substances Act and the Medical Psilocybin Act;
                                10  (16)   synthetic cannabinoids, including:
                                11  (a)   1-[2-(4-(morpholinyl)ethyl]
                                12   -3-(1-naphthoyl)indole;
                                13  (b)   1-butyl-3-(1-napthoyl)indole;
                                14  (c)   1-hexyl-3-(1-naphthoyl)indole;
                                15  (d)   1-pentyl-3-(1-naphthoyl)indole;
                                16  (e)   1-pentyl-3-(2-methoxyphenylacetyl)
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                                17   indole;
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                                18  (f)   cannabicyclohexanol (CP 47, 497 and
                                19   homologues: 5-(1,1-dimethylheptyl)-2-[(1R,3S)
                                20   -3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,
                                21   1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
                                22  (g)   6aR,10aR)-9-(hydroxymethyl)
                                23   -6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,
                                24   10a-tetrahydrobenzo[c]chromen-1-ol);
                                25  (h)   dexanabinol, (6aS,10aS)
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                                1    -9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
                                2    -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
                                3  (i)   1-pentyl-3-(4-chloro naphthoyl)
                                4    indole;
                                5  (j)   (2-methyl-1-propyl-1H-indol-3-yl)
                                6    -1-naphthalenyl-methanone; and
                                7  (k)   5-(1,1-dimethylheptyl)-2-(3-hydroxy
                                8    cyclohexyl)-phenol;
                                9  (17)   3,4-methylenedioxymethcathinone;
                                10  (18)   3,4-methylenedioxypyrovalerone;
                                11  (19)   4-methylmethcathinone;
                                12  (20)   4-methoxymethcathinone;
                                13  (21)   3-fluoromethcathinone; and
                                14  (22)   4-fluoromethcathinone;
                                15  D.   the enumeration of peyote as a controlled
                                16   substance does not apply to the use of peyote in bona fide
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                                17   religious ceremonies by a bona fide religious organization, and
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                                18   members of the organization so using peyote are exempt from
                                19   registration.    Any person who manufactures peyote for or
                                20   distributes peyote to the organization or its members shall
                                21   comply with the federal Comprehensive Drug Abuse Prevention and
                                22   Control Act of 1970 and all other requirements of law;
                                23  E.   the enumeration of psilocybin and psilocin in
                                24   this schedule does not apply to their medical use as provided
                                25   in the Medical Psilocybin Act;
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                                1  F.   the enumeration of Schedule I controlled
                                2    substances does not apply to:
                                3  (1)   hemp pursuant to rules promulgated by the
                                4    board of regents of New Mexico state university on behalf of
                                5    the New Mexico department of agriculture;
                                6  (2)   cultivation of hemp by persons pursuant to
                                7    rules promulgated by the board of regents of New Mexico state
                                8    university on behalf of the New Mexico department of
                                9    agriculture;
                                10  (3)   tetrahydrocannabinols or chemical
                                11   derivatives of tetrahydrocannabinols, including
                                12   tetrahydrocannabinols or chemical derivatives of
                                13   tetrahydrocannabinols with concentrations of up to five percent
                                14   as measured using a post-decarboxylation method and based on
                                15   percentage dry weight, possessed by a person in connection with
                                16   the cultivation, transportation, testing, researching,
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                                17   manufacturing or other processing of the plant Cannabis sativa
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                                18   L., or any part of the plant whether growing or not, if
                                19   authorized pursuant to rules promulgated, pursuant to the Hemp
                                20   Manufacturing Act, by the board of regents of New Mexico state
                                21   university on behalf of the New Mexico department of
                                22   agriculture or the department of environment; or
                                23  (4)   tetrahydrocannabinols or chemical
                                24   derivatives of tetrahydrocannabinols, including
                                25   tetrahydrocannabinols or chemical derivatives of
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                                1    tetrahydrocannabinols in any concentration possessed by a
                                2    person in connection with the extraction of
                                3    tetrahydrocannabinols or chemical derivatives of
                                4    tetrahydrocannabinols, if authorized pursuant to rules
                                5    promulgated, pursuant to the Hemp Manufacturing Act, by the
                                6    board of regents of New Mexico state university on behalf of
                                7    the New Mexico department of agriculture or the department
                                8    of environment; and
                                9  G.   controlled substances added to Schedule I by
                                10   rule adopted by the board pursuant to Section 30-31-3 NMSA
                                11   1978."
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