1. A. Definitions beginning with “A”:

   1. (1) “Actual control” means the ability to:

      1. (a) control the policies, management, or personnel of a permittee;
      2. (b) control strategic priorities, capital allocations, acquisitions, and divestments of a permittee; or
      3. (c) control a majority of voting rights of a permittee.
   2. (2) “Administration session” means the session in which psilocybin is administered.
   3. (3) “Adulterate” means to use or incorporate a substance that contaminates a psilocybin product and that creates a risk to public health.
   4. (4) “Analytes” means a substance whose chemical constituents are being identified and measured.
   5. (5) “Appellant” means a person who requests a hearing to contest an immediate or proposed disciplinary action.
   6. (6) “Approved location” means a location approved by the department for psilocybin administration sessions.
2. B. Definitions beginning with “B”: “Board” means the medical psilocybin advisory board.

3. C. Definitions beginning with “C”:

   1. (1) “Capsule” means a small soluble pill, tablet or container that contains homogenized psilocybin material.
   2. (2) “Certificate of analysis” or “COA” means a document issued by a permitted psilocybin testing laboratory that reports the results of all analyses required by the department or additional testing requested by a producer or manufacturer.
   3. (3) “Certification” means an approval issued by the department to a clinician or a practitioner to provide medical services to qualified patients.
   4. (4) “Clinician” means an approved health care provider licensed in New Mexico who holds a certification from the department to provide medical services to qualified patients.
   5. (5) “Compliance notification” means a notification of noncompliance with a regulatory requirement that is issued to a psilocybin producer or psilocybin testing laboratory.
   6. (6) “Compound” means to prepare psilocybin to tailor dosage, and includes grinding and powdering psilocybin mushrooms, as well as the creation of psilocybin capsules.
   7. (7) “Convert” means converting psilocybin mushrooms into a homogenized lot.
   8. (8) “Cultivation” means the growing, harvesting, drying, and handling of psilocybin-producing mushrooms.
   9. (9) “Cultivation batch” or “batch” means a quantity of unharvested spores, fruiting body, or mycelium that is grown together under the same conditions, that may contain fungi that originates from diverse spores or mycelial tissue.
4. D. Definitions beginning with “D”: “Department” means the department of health.
5. E. Definitions beginning with “E”: “Expiration date” means a date determined by a producer after which an associated psilocybin product will not retain optimal quality.

6. F. Definitions beginning with “F”:

   1. (1) “Facility” means any building, space, or grounds licensed for the cultivation, harvesting, drying, storage, or preparation of psilocybin-producing fungi or psilocybin products.
   2. (2) “Flush” means the fruiting body of psilocybin mushrooms harvested at the same time from a growing medium.
   3. (3) “Fruiting bodies” means the spore producing organs of the fungi.
   4. (4) “Fungi” is any member of the group of eukaryotic organisms that includes microorganisms such as yeasts and molds, as well as the more familiar mushrooms.

7. G. Definitions beginning with “G”:

   1. (1) “Genuine ownership” means an ownership interest in an applicant or a permittee that is evidenced by record ownership in which the owner, regardless of the amount of capital or assets that the owner contributes to the applicant or permittee, enjoys the customary incidents of ownership and shares in the profits and losses of the permittee proportionate to the percentage of the owner's interest in the permit.
   2. (2) “Growth medium” or “substrate” means the underlying base layer, surface, or nutrient rich substance where fungal growth occurs.
   3. (3) “Guide” an individual who has completed training and education approved by the department to be able to assist practitioners during the administration sessions and who has been registered with the department.

8. H. Definitions beginning with “H”:

   1. (1) “Harvest” means to remove, collect, or gather, fruiting bodies of mushrooms containing psilocybin.

9. (2) “Harvest lot” means the fruiting bodies of mushrooms cultivated and harvested at the permitted location.

   1. (3) “Homogenization date” means the date a harvest lot is homogenized.
   2. (4) “Homogenized” means dried fruiting bodies that have been mixed by powdering or other techniques which uniformly distribute psilocybin throughout the product.
   3. (5) “Homogenized lot” means a quantity of psilocybin mushrooms identified by a producer that is cultivated and dried under the same conditions, and harvested within a specified time period at the same location within permitted premises.

10. I. Definitions beginning with “I”:

    1. (1) “Information notification” means a notification providing information regarding relevant updates and alerts that is issued to a psilocybin producer or psilocybin testing laboratory;
    2. (2) “Inoculate” means the process of introducing psilocybin spores or mycelium into growth medium.
    3. (3) “Input” means material utilized in growing medium for growing psilocybin mushrooms, including but not limited to soil, grain, woodchips, water, nutrients, and other materials.
11. J. Definitions beginning with “J”: [RESERVED]
12. K. Definitions beginning with “K”: [RESERVED]
13. L. Definitions beginning with “L”: [RESERVED]

14. M. Definitions beginning with “M”:

    1. (1) “Manufacture” or “process” means to harvest, dry, compound, convert, or package into pills, capsules, or sachets of homogenized powder, and label mushrooms and products containing psilocybin.
    2. (2) “Medical services” means services provided to a patient in an approved setting before, during and after the ingestion of psilocybin and includes a preparation session, an administration session and an integration session.
    3. (3) “Mycelium” means the fungal threads or hyphae of psilocybin containing mushrooms.
    4. (4) “Mushroom” is the fleshy, spore-bearing fruiting body of a fungus.
15. N. Definitions beginning with “N”: [RESERVED]
16. O. Definitions beginning with “O”: [RESERVED]

17. P. Definitions beginning with “P”: [RESERVED]

    1. (1) “Package” means to enclose, wrap, or seal psilocybin products.
    2. (2) “Permit” means the authorization issued by the department to a person to operate as a psilocybin producer or psilocybin testing laboratory under this part.
    3. (3) “Permit-applicant” means a person who has applied for a permit to operate as a psilocybin producer or psilocybin testing laboratory.
    4. (4) “Permittee” means a psilocybin producer or psilocybin testing laboratory that holds a permit issued by the department.
    5. (5) “Person” means a natural person, corporation, partnership, limited liability company, association, and any other business or organization that is capable of entering into contracts, owning property, and suing or being sued.
    6. (6) “Potency” means the level of psilocybin and analytes in a sample of a batch, lot, or product which is measured and expressed in metric units.
    7. (7) “Practitioner” means an individual who is a licensed healthcare professional who is certified by the department to provide medical psilocybin integrative therapy, supervise guides, and who has completed department required trainings.
    8. (8) “Product lot” means the same type of product that has been created from a homogenized lot.
    9. (9) “Program” means the medical use of psilocybin program.
    10. (10) “Psilocybin” means the naturally occurring psychedelic compound 4-phosphoryloxy-N, N-dimethyltryptamine, also known as 4-PO-DMT, and its pharmacologically active metabolite psilocin, 4-hydroxy-N, N-dimethyltryptamine, found in certain mushrooms, but does not include synthetic or synthetic analogs of psilocybin.
    11. (11) “Psilocybin material” means psilocybin mushrooms, mycelium, and derived material that naturally contain psilocybin.
    12. (12) “Psilocybin mushroom” means a fungus that naturally contains psilocybin.
    13. (13) “Psilocybin producer” or “producer” means a person who has a permit from the department to grow and harvest or prepare psilocybin from psilocybin-producing mushrooms, including to compound, convert, process or manufacture psilocybin products directly or indirectly from psilocybin mushrooms and to package or repackage or label or relabel the products.
    14. (14) “Psilocybin product” means psilocybin material that is intended for sale or distribution to a qualified patient.
    15. (15) “Psilocybin testing laboratory” or “laboratory” means a facility permitted by the department to test psilocybin products for potency and contaminants in accordance with this rule.

    16. (16) “Psilocybin waste” means:

        1. (a) Partially consumed products;
        2. (b) Byproducts of cultivation, harvesting, processing, or other production of products;
        3. (c) Products disposed or to be disposed by a producer or laboratory; and
        4. (d) Products designated for disposal by the department due to contamination, expiration, or which do not follow the requirements for production and administration.

18. Q. Definitions beginning with “Q”:

    1. (1) “Qualified patient” or “patient” means a patient whose clinician has judged the patient to be a medically appropriate candidate for the use of medical psilocybin based on being diagnosed with a qualifying condition.

    2. (2) “Qualifying condition” includes:

       1. (a) major treatment-resistant depression;
       2. (b) posttraumatic stress disorder;
       3. (c) substance use disorders;
       4. (d) end-of-life care; and
       5. (e) other conditions approved by the department;
19. R. Definitions beginning with “R”: “Recall” means to remove a medical psilocybin product from the medical psilocybin market by contacting persons to whom the product was sold or otherwise distributed and having the product returned to the producer for destruction;
20. S. Definitions beginning with “S”: “Satchet” means a small, sealed package or pouch of homogenized psilocybin mushrooms.

21. T. Definitions beginning with “T”:

    1. (1) “Testing sample” means the unit of psilocybin mushrooms or products being tested.
    2. (2) “Traceability system” means the department-approved system that is used to track psilocybin mushrooms and products from inoculation to end use.
22. U. Definitions beginning with “U”: “Unique identification number” means the most recent unique number assigned by traceability for a psilocybin product that may include cultivation batches, harvest lots, homogenized lots, product lots, and testing samples.
23. V. Definitions beginning with “V”: [RESERVED]
24. W. Definitions beginning with “W”: [RESERVED]
25. X. Definitions beginning with “X”: [RESERVED]
26. Y. Definitions beginning with “Y”: [RESERVED]
27. Z. Definitions beginning with “Z”: [RESERVED]

[7.35.2.7 NMAC - N, 6/23/2026]