Is Psilocybin Mushroom Legal in New Mexico?

A 2005 New Mexico Court of Appeals ruling in State v. Pratt held that growing psilocybin mushrooms for personal use does not constitute 'manufacturing' a controlled substance under state law, creating a legal gray area unique to New Mexico. Psilocybin itself (the extracted compound) remains a Schedule I controlled substance, and selling or distributing mushrooms is illegal. No statewide decriminalization legislation or therapeutic program has been enacted.

A 2005 New Mexico Court of Appeals ruling in State v. Pratt held that growing psilocybin mushrooms for personal use does not constitute 'manufacturing' a controlled substance under state law, creating a legal gray area unique to New Mexico. Psilocybin itself (the extracted compound) remains a Schedule I controlled substance, and selling or distributing mushrooms is illegal. No statewide decriminalization legislation or therapeutic program has been enacted.

Update History

No regulatory updates recorded yet. Status reflects current database.