Is Psilocybin / Magic Mushrooms Legal in New Mexico?
Psilocybin / Magic Mushrooms is legal with restrictions in New Mexico as of 2026. Psilocybin mushrooms remain illegal under New Mexico state law as a Schedule I controlled substance under the New Mexico Uniform Controlled Substances Act (NMSA 1978, § 30-31-2). However, in 2022, Albuquerque decriminalized possession of small amounts of psilocybin mushrooms, making enforcement a low priority locally.
Psilocybin / Magic Mushrooms is LEGAL WITH RESTRICTIONS in New Mexico
Psilocybin / Magic Mushrooms is legal in New Mexico but with specific restrictions and regulations.
Psilocybin / Magic Mushrooms Laws in New Mexico: Quick Facts
- 1 Legal Status: Psilocybin / Magic Mushrooms is currently legal with restrictions in New Mexico.
- 2 Possession: Illegal statewide; possession is a criminal offense. Albuquerque city ordinance deprioritizes enforcement of possession of up to 3 grams.
- 3 Sale: Illegal statewide; sale and distribution are criminal offenses.
- 4 Age Restriction: None (illegal for all ages).
- 5 Penalties: Possession is a misdemeanor or felony depending on amount; penalties include fines and imprisonment. Sale can lead to felony charges.
Detailed Legal Breakdown
| Possession | Illegal statewide; possession is a criminal offense. Albuquerque city ordinance deprioritizes enforcement of possession of up to 3 grams. |
| Sale | Illegal statewide; sale and distribution are criminal offenses. |
| Age Restriction | None (illegal for all ages). |
| Penalties | Possession is a misdemeanor or felony depending on amount; penalties include fines and imprisonment. Sale can lead to felony charges. |
| Pending Legislation | None known |
How Does New Mexico Compare?
Across all 50 states, Psilocybin / Magic Mushrooms is fully legal in 0 states, legal with restrictions in 12 states, and illegal in 28 states. New Mexico is among the 12 states where it is legal with restrictions.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: New Mexico Uniform Controlled Substances Act; Albuquerque Ordinance 2022
https://nmlegis.gov/Sessions/22%20Regular/final/HB0047.pdf
Last verified: 2026-01-15
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