, updated
New Mexico holds psilocybin rules hearing as labels move to two potency totals
New Mexico's Department of Health held a public hearing on October 2, 2026 on rules for medical psilocybin patients, clinicians, facilitators and healing centers. Its separate producer and laboratory rule would have product labels show potency two ways, as total psilocybin equivalent and as total potential psilocin.
What the October 2 hearing covered
The hearing was held at 9:00 a.m. on Friday, October 2, 2026 at the Harold Runnels Building in Santa Fe, with video and phone access. It covered proposed rule 7.35.3 NMAC, which sets requirements for patient enrollment, certifying clinicians, practitioners, facilitators, healing centers, education programs, adverse health event reporting, and storage and handling, along with amendments to 7.35.2 NMAC.1
New Mexico's Medical Psilocybin Act requires the department to set "treatment protocols, including patient selection criteria, medical service standards, dosage standards and approved settings".12 The proposed 7.35.3 lists "Dosage of medical psilocybin products administered" among the records to be kept, and shows its effective date as "xx/xx, 2026".3
Marijuana Moment reported about 80 written comments, objections from the bill's sponsor and advocates to a landlord consent requirement and a 30-day review, and that the department had issued its first producer permit.11
What labels and lab tests would show
The producer and laboratory rule, 7.35.2 NMAC, had its own hearing on April 24, 2026, and the hearing officer recommended adoption with revisions on May 26.4 As proposed, with the department's own revisions, it requires:45
- labels that give potency in milligrams "including (i) total psilocybin equivalent; and (ii) total potential psilocin";
- products homogenized before sale, and packaged as pills, capsules or sachets of homogenized powder;
- potency tests that report psilocybin, psilocin, norbaeocystin, baeocystin and aeruginascin in milligrams per gram;
- a repeat potency test 5 to 6 months after the previous one, and water content under 10%.
The rule doesn't print either formula. The department said the parameters are standardized in laboratory standard operating procedures.4 To justify retesting, it pointed to the lack of stability data for powdered mushrooms and cited a 2021 stability study and a study from Rose City Labs.4
We could not confirm the final adoption or effective date of 7.35.2. The October notice proposes amending sections of it, which suggests it has been adopted.1
| State | Combined figure on the label | Status |
|---|---|---|
| New Mexico | Total psilocybin equivalent and total potential psilocin | 7.35.2 NMAC, adoption recommended May 26, 20264 |
| Oregon | Total psilocybin equivalent replaces total potential psilocin10 | Draft rules, planned effective January 15, 20276 |
| Colorado | Total Psilocin | In force, 1 CCR 213-17 |
When the program is due to start
The department says the program "is set to be implemented by December 31, 2026".8 That is the department's own target. The legal deadline in the Medical Psilocybin Act (SB 219) is December 31, 2027.2 Psilocybin remains a Schedule I controlled substance under federal law;9 New Mexico's program, like Oregon's and Colorado's, operates under state law.
Why it matters if you read potency numbers
Two totals on one label show the conversion instead of hiding it. In the Oregon and Colorado definitions, both totals count psilocybin and psilocin together: total potential psilocin expresses the result as psilocin, total psilocybin equivalent as psilocybin.710 By our arithmetic from those formulas, the psilocybin-based total runs about 1.4 times the psilocin-based one for the same product. Our page on psilocybin vs psilocin explains why.
The five-compound test panel also measures baeocystin, norbaeocystin and aeruginascin, which the Oregon and Colorado totals don't count. A milligram number on a capsule label tells you little until you know which compounds and which formula it covers; our guide to capsule labels goes through those questions. For Oregon's switch, see our report on its proposed formula change.
Sources
- Notice of public hearing, proposed 7.35.3 NMAC and amendments to 7.35.2 NMAC. New Mexico Department of Health, 2026.
- Senate Bill 219, Medical Psilocybin Act. New Mexico Legislature, 2025.
- Proposed rule 7.35.3 NMAC, medical psilocybin patients and providers. New Mexico Department of Health, 2026.
- Hearing officer report on proposed 7.35.2 NMAC. New Mexico Department of Health, May 26, 2026.
- Proposed 7.35.2 NMAC, Medical Psilocybin Producer and Laboratory Requirements, rule text and exhibits. New Mexico Department of Health, 2026.
- Psilocybin administrative rules. Oregon Health Authority, retrieved October 26, 2026.
- 1 CCR 213-1, Natural Medicine rules, Rules 1025 and 3305. Colorado Department of Revenue, version effective August 12, 2026.
- Medical Psilocybin Program. New Mexico Department of Health, retrieved October 26, 2026.
- 21 CFR 1308.11, Schedule I. Electronic Code of Federal Regulations, retrieved October 26, 2026.
- Draft OAR 333-333 rules for the November 2026 rules advisory committee. Oregon Health Authority, October 2026.
- Proposed New Mexico psilocybin rules get pushback from lawmakers and advocates. Marijuana Moment, October 14, 2026.
Keep reading
Oregon proposes changing the formula labs use to total psilocybin potencyOregon labs would report "total psilocybin equivalent" instead of "total potential psilocin".
What does the mg on a mushroom capsule label mean?Powder weight, psilocybin or total psilocin? How to read a label and the batch lab report behind it.
Psilocybin vs psilocin: what's the difference?One is the stored form, the other the active one: the chemistry behind lab reports and blue bruises.
Written and checked by the Dosage Calculator editors. Every figure on this page links to its source. Found an error? Tell us and we'll correct it in the open, as our editorial standards describe. Magic Mushroom Dosage Calculator is published by the team that runs My Mushroom Dispensary, an online shop. We sell no advertising and nothing on this site.