26-2D-6: Prohibitions, restrictions and limitations on the use of psilocybin; criminal penalties.

A. Participation in the program by a producer, clinician or qualified patient does not relieve the producer, clinician or qualified patient from:

(1) criminal prosecution or civil penalties for activities not authorized in the Medical Psilocybin Act; or

(2) liability for damages or criminal prosecution arising out of the operation of a motor vehicle if driving while under the influence of psilocybin.

B. A person who makes a fraudulent representation to a law enforcement officer about the person's participation in the program to avoid arrest or prosecution for a psilocybin-related offense is guilty of a petty misdemeanor and shall be sentenced as provided in Section 31-19-1 NMSA 1978.