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SENATE BILL 410
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Craig W. Brandt
AN ACT
RELATING TO CONTROLLED SUBSTANCES; RESCHEDULING CRYSTALLINE
POLYMORPH PSILOCYBIN IN ACCORDANCE WITH FEDERAL LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-31-3 NMSA 1978 (being Laws 1972,
Chapter 84, Section 3, as amended) is amended to read:
"30-31-3. DUTY TO ADMINISTER.--
A. The board shall administer the Controlled
Substances Act and may add by regulation substances to the list
of substances enumerated in Schedules I through IV pursuant to
the procedures of the Uniform Licensing Act. In determining
whether a substance has the potential for abuse, the board
shall consider the following:
(1) the actual or relative abuse of the
substance;
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(2) the scientific evidence of the
pharmacological effect of the substance, if known;
(3) the state of current scientific knowledge
regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration and significance of
abuse;
(6) the risk to the public health; and
(7) the potential of the substance to produce
psychic or physiological dependence liability.
B. After considering the factors enumerated in
Subsection A of this section, the board shall make findings and
issue regulations controlling the substance if it finds the
substance has a potential for abuse.
C. If any substance is designated as a controlled
substance under federal law and notice is given to the board,
the board may, by regulation, similarly control the substance
under the Controlled Substances Act after providing for a
hearing pursuant to the Uniform Licensing Act.
D. Authority to control under this section does not
extend to distilled spirits, wine, malt beverages, tobacco or
pesticides as defined in the Pesticide Control Act.
E. Notwithstanding Subsection C of this section,
immediately upon rescheduling by the United States food and
drug administration of the pharmaceutical composition of
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crystalline polymorph psilocybin, shall be scheduled and listed
in a manner to coincide with federal law, including the
Controlled Substances Act public law 91-513, 84 Stat. 1236, 21
U.S.C. Section 801 et seq. "
SECTION 2. Section 30-31-6 NMSA 1978 (being Laws 1972,
Chapter 84, Section 6, as amended) is amended to read:
"30-31-6. SCHEDULE I.--The following controlled
substances are included in Schedule I:
A. any of the following opiates, including their
isomers, esters, ethers, salts and salts of isomers, esters and
ethers, unless specifically exempted, whenever the existence of
these isomers, esters, ethers and salts is possible within the
specific chemical designation:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol;
(4) alphameprodine;
(5) alphamethadol;
(6) benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
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(13) dextrorphan;
(14) diampromide;
(15) diethylthiambutene;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethylthiambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) morpheridine;
(30) noracymethadol;
(31) norlevorphanol;
(32) normethadone;
(33) norpipanone;
(34) phenadoxone;
(35) phenampromide;
(36) phenomorphan;
(37) phenoperidine;
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(38) piritramide;
(39) proheptazine;
(40) properidine;
(41) racemoramide; and
(42) trimeperidine;
B. any of the following opium derivatives, their
salts, isomers and salts of isomers, unless specifically
exempted, whenever the existence of these salts, isomers and
salts of isomers is possible within the specific chemical
designation:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-N-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) etorphine;
(10) heroin;
(11) hydromorphinol;
(12) methyldesorphine;
(13) methyldihydromorphine;
(14) morphine methylbromide;
(15) morphine methylsulfonate;
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(16) morphine-N-oxide;
(17) myrophine;
(18) nicocodeine;
(19) nicomorphine;
(20) normorphine;
(21) pholcodine; and
(22) thebacon;
C. any material, compound, mixture or preparation
that contains any quantity of the following hallucinogenic
substances, their salts, isomers and salts of isomers, unless
specifically exempted, whenever the existence of these salts,
isomers and salts of isomers is possible within the specific
chemical designation:
(1) 3,4-methylenedioxy amphetamine;
(2) 5-methoxy-3,4-methylenedioxy amphetamine;
(3) 3,4,5-trimethoxy amphetamine;
(4) bufotenine;
(5) diethyltryptamine;
(6) dimethyltryptamine;
(7) 4-methyl-2,5-dimethoxy amphetamine;
(8) ibogaine;
(9) lysergic acid diethylamide;
(10) mescaline;
(11) peyote, except as otherwise provided in
the Controlled Substances Act;
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(12) N-ethyl-3-piperidyl benzilate;
(13) N-methyl-3-piperidyl benzilate;
(14) psilocybin;
(15) psilocyn;
(16) synthetic cannabinoids, including:
(a) 1-[2-(4-(morpholinyl)ethyl]
-3-(1-naphthoyl)indole;
(b) 1-butyl-3-(1-napthoyl)indole;
(c) 1-hexyl-3-(1-naphthoyl)indole;
(d) 1-pentyl-3-(1-naphthoyl)indole;
(e) 1-pentyl-3-(2-methoxyphenylacetyl)
indole;
(f) cannabicyclohexanol (CP 47, 497 and
homologues: 5-(1,1-dimethylheptyl)-2-[(1R,3S)
-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,
1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
(g) 6aR,10aR)-9-(hydroxymethyl)
-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,
10a-tetrahydrobenzo[c]chromen-1-ol);
(h) dexanabinol, (6aS,10aS)
-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
(i) 1-pentyl-3-(4-chloro naphthoyl)
indole;
(j) (2-methyl-1-propyl-1H-indol-3-yl)
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-1-naphthalenyl-methanone; and
(k) 5-(1,1-dimethylheptyl)-2-(3-hydroxy
cyclohexyl)-phenol;
(17) 3,4-methylenedioxymethcathinone;
(18) 3,4-methylenedioxypyrovalerone;
(19) 4-methylmethcathinone;
(20) 4-methoxymethcathinone;
(21) 3-fluoromethcathinone; and
(22) 4-fluoromethcathinone;
D. the enumeration of peyote as a controlled
substance does not apply to the use of peyote in bona fide
religious ceremonies by a bona fide religious organization, and
members of the organization so using peyote are exempt from
registration. Any person who manufactures peyote for or
distributes peyote to the organization or its members shall
comply with the federal Comprehensive Drug Abuse Prevention and
Control Act of 1970 and all other requirements of law;
E. the enumeration of Schedule I controlled
substances does not apply to:
(1) hemp pursuant to rules promulgated by the
board of regents of New Mexico state university on behalf of
the New Mexico department of agriculture;
(2) cultivation of hemp by persons pursuant to
rules promulgated by the board of regents of New Mexico state
university on behalf of the New Mexico department of
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agriculture;
(3) tetrahydrocannabinols or chemical
derivatives of tetrahydrocannabinols, including
tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinols with concentrations of up to five percent
as measured using a post-decarboxylation method and based on
percentage dry weight, possessed by a person in connection with
the cultivation, transportation, testing, researching,
manufacturing or other processing of the plant Cannabis sativa
L., or any part of the plant whether growing or not, if
authorized pursuant to rules promulgated, pursuant to the Hemp
Manufacturing Act, by the board of regents of New Mexico state
university on behalf of the New Mexico department of
agriculture or the department of environment; or
(4) tetrahydrocannabinols or chemical
derivatives of tetrahydrocannabinols, including
tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinols in any concentration possessed by a
person in connection with the extraction of
tetrahydrocannabinols or chemical derivatives of
tetrahydrocannabinols, if authorized pursuant to rules
promulgated, pursuant to the Hemp Manufacturing Act, by the
board of regents of New Mexico state university on behalf of
the New Mexico department of agriculture or the department of
environment; [and]
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F. controlled substances added to Schedule I by
rule adopted by the board pursuant to Section 30-31-3 NMSA
1978; and
G. psilocybin except immediately upon its
rescheduling by the United Stated food and drug administration
of the pharmaceutical composition of crystalline polymorph
psilocybin."
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