Are Magic Mushrooms Legal in Montana? Psilocybin Laws (2026)

Psilocybin and psilocyn (psilocin) are Schedule I hallucinogenic substances in Montana under MCA 50-32-222(4), and possessing them is criminal possession of dangerous drugs under MCA 45-9-102, punishable by up to 5 years in state prison, a fine up to $5,000, or both. Montana has no psilocybin therapy program, medical exception or decriminalization law, so no state program changes that for anyone. For other states, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana state statutes on psilocybin and psilocyn as they read in the Montana Code Annotated 2025: the Schedule I listing (MCA 50-32-222), the definitions and federal-scheduling clause (MCA 50-32-101, 50-32-203), the dangerous-drug offenses and sentencing rules in Titles 45 and 46, and the DUI statute (MCA 61-8-1002), plus the Legislature's 2025 bill drafts and one paragraph on federal law. It does not cover the Administrative Rules of Montana (including any Board of Pharmacy rule), tribal law, city or county policies, federal land rules or other states' laws.

Is psilocybin illegal in Montana?

Yes. Montana's Schedule I lists both compounds under the heading "Hallucinogenic substances." MCA 50-32-222(4) reads:

"Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following is a hallucinogenic substance, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: ... (dd) psilocybin; (ee) psilocyn, also known as psilocin;"

Schedule I is the category for drugs the code treats as having a high potential for abuse and either no accepted medical use in treatment in the United States or a lack of accepted safety for use under medical supervision (MCA 50-32-221). The same subsection also lists ibogaine.

Every Schedule I drug is a "dangerous drug," the term the possession and distribution offenses use. MCA 50-32-101(6) defines it as "a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2."

Does the law mention mushrooms or spores?

No. The Schedule I entry names the chemical compounds psilocybin and psilocyn. It does not mention mushrooms, fungi or spores, and the definitions in MCA 50-32-101 define neither term. Whether a given item is reached depends on the listing's own words, "any material, compound, mixture, or preparation that contains any quantity" of the compounds. This page does not state a rule for spores.

Penalties for psilocybin in Montana

The offenses in Title 45, chapter 9, part 1 apply to any dangerous drug, so they apply to psilocybin and psilocyn.

Possession

MCA 45-9-102(1) makes it an offense to possess "any dangerous drug, as defined in 50-32-101, in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12" (Title 16, chapter 12 concerns marijuana). The sentence is up to 5 years in state prison, a fine up to $5,000, or both, and subsection (3) says a person convicted of a first violation "is presumed to be entitled to a deferred imposition of sentence of imprisonment." A presumption is not a guarantee. Subsection (4) exempts ultimate users and practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice.

The possession sentence is a state-prison term, and Montana defines a felony as an offense in which the sentence is death or "imprisonment in a state prison for a term exceeding 1 year" (MCA 45-2-101(23)). The sentence ranges quoted on this page are single ranges, not graded by the weight of psilocybin.

Distribution and intent to distribute

Under MCA 45-9-101(2), a person convicted of criminal distribution "involving giving away or sharing any dangerous drug" is sentenced as provided in 45-9-102. Under subsection (3), criminal distribution "not otherwise provided for in subsection (1), (2), (4), (5), or (6)" carries up to 25 years in state prison, a fine up to $50,000, or both. An adult convicted of distributing to a minor faces up to 40 years for a first offense and up to life for a second or later offense, with a fine up to $50,000 (MCA 45-9-101(4)). If the offense results in a death from use of the distributed drug, the sentence is up to 100 years and a fine up to $100,000 (MCA 45-9-101(5)). Subsection (6) applies only to fentanyl and related drugs.

Possession with intent to distribute carries up to 20 years in state prison, a fine up to $50,000, or both, "except as provided in subsection (3)," a fentanyl-specific sentence (MCA 45-9-103(2)).

Production, manufacture and cultivation

MCA 45-9-110(1) makes it an offense to knowingly or purposely produce, manufacture, prepare, cultivate, compound or process "a dangerous drug, as defined in 50-32-101." Because psilocybin and psilocyn are dangerous drugs, growing mushrooms that contain them can be charged as criminal production or manufacture, which carries up to 25 years in state prison and a fine up to $50,000.

Near a school

Distribution under MCA 45-9-101 "in, on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school" is a separate offense under MCA 45-9-109. "Except as provided in 46-18-222," the sentence is a state-prison term "of not less than 3 years or more than life," and a fine of not more than $50,000. It is an affirmative defense that the conduct "took place entirely within a private residence" and that "no person 17 years of age or younger was present in the private residence at any time during the commission of the offense."

Rules that shape every sentence

• Fine cap. A felony fine is set by the judge and, except as subsection (5) provides, may not exceed $50,000 (MCA 46-18-231(4)).
• Deferral and prior felonies. A judge may defer imposition of a felony sentence for up to 3 years, or up to 6 years if a financial obligation is imposed, but except as MCA 46-18-222 provides, may not defer in a felony case for an offender previously convicted of a felony (MCA 46-18-201(1)).
• Offenders under 18. Mandatory minimum sentences and several deferral and parole restrictions do not apply if the offender "was less than 18 years of age at the time of the commission of the offense" (MCA 46-18-222(1)).
• Overdose help. The possession and paraphernalia statutes do not apply to a person who in good faith seeks medical help for someone experiencing a drug-related overdose, or to a person who experiences one, when the evidence was obtained as a result of seeking that help (MCA 50-32-609(1)). The section does not list the distribution offense.

Psilocybin programs and bills in Montana

The only psilocybin text in the Montana Code Annotated 2025 is the Schedule I entry. Montana law has no psilocybin therapy program, no medical or research psilocybin statute, no decriminalization statute and no statutory exception for psilocybin possession.

The Board of Pharmacy's research duty does not create one. MCA 50-32-106(1) says "The board shall encourage research on misuse and abuse of dangerous drugs," and the powers that follow concern studying misuse and abuse and strengthening enforcement; the section does not authorize anyone to possess or administer psilocybin.

In the 2025 session, two psilocybin bill drafts died before introduction as numbered bills, according to the Legislature's bill records:

The Legislature held no regular session in 2026, so Montana passed no psilocybin act that year. The 70th Legislature's regular session begins January 4, 2027, and bill drafts can be requested before then.

This page names no Montana city or county psilocybin measure. A local policy would not change state law, which still applies statewide.

Would federal rescheduling change Montana law?

Not automatically. MCA 50-32-203 provides:

"If any drug is designated, rescheduled, or deleted as a 'controlled substance' under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a 'controlled substance' or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion."

So a federal rescheduling of psilocybin would reach Montana's schedules through the Board of Pharmacy, after notice and a federal final order, and the board may object. Psilocybin's Montana listing is written into the statute itself (MCA 50-32-222), and the code text does not say how a board action would interact with that statutory entry. Because the only psilocybin text in the Montana Code Annotated 2025 is the Schedule I entry, the code sets no trigger that changes psilocybin's status when the FDA approves a psilocybin medicine.

Federal psilocybin status

Psilocybin and psilocyn are also in federal Schedule I (21 CFR 1308.11(d)(29)-(30), text as of October 6, 2026), a listing that covers any material containing any quantity of them. Federal simple possession of a controlled substance can bring up to 1 year in prison, a minimum $1,000 fine, or both for a first offense (21 U.S.C. 844(a)). No psilocybin drug product is FDA-approved. Executive Order 14401 (April 18, 2026) directs a rescheduling review for Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin and creates no enforceable right.

Driving and records

Under MCA 61-8-1002(1)(a), a person commits driving under the influence by driving or being in actual physical control of a vehicle on the ways of this state open to the public "while under the influence of alcohol, any drug, or a combination of alcohol and any drug." The statute's separate per se clause, subsection (1)(f), applies to a person who, without a valid prescription, has a listed substance in their blood at or above a set level; the list names amphetamine, cocaine and its metabolite, heroin and two heroin metabolites, LSD, methamphetamine, phencyclidine and fentanyl, and does not name psilocybin or psilocin. See our guide to Montana DUI laws. For whether a Montana drug conviction can later be cleared, see our guide to Montana expungement laws.

Related

• Psilocybin mushroom laws by state
• Montana DUI laws
• Montana expungement laws
• Montana kratom laws

This article provides general legal information about Montana law as of 2026-10-11. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Montana or the relevant state agency.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Montana?

Montana lists psilocybin and psilocyn as Schedule I hallucinogenic substances, covering any material that contains any quantity of them (MCA 50-32-222(4)). Possession is a criminal offense under MCA 45-9-102, and Montana has no psilocybin therapy or decriminalization law.

What is the penalty for possessing psilocybin in Montana?

Criminal possession of dangerous drugs carries state prison up to 5 years, a fine up to $5,000, or both, and a first violation carries a presumption of a deferred imposition of sentence (MCA 45-9-102). The presumption does not guarantee a deferral.

Is psilocybin possession a felony in Montana?

The possession sentence is a state-prison term of up to 5 years, and Montana defines a felony as an offense punishable by imprisonment in a state prison for more than 1 year (MCA 45-2-101(23)).

What is the penalty for selling psilocybin in Montana?

Criminal distribution not covered by one of the section's specific subsections carries up to 25 years in state prison, a fine up to $50,000, or both (MCA 45-9-101(3)); distribution within 1,000 feet of a school carries not less than 3 years or more than life (MCA 45-9-109). If the conviction involves only giving away or sharing, the possession sentence applies (MCA 45-9-101(2)). Distribution by an adult to a minor carries up to 40 years for a first offense (MCA 45-9-101(4)), and distribution that results in a death carries up to 100 years (MCA 45-9-101(5)).

Are psilocybin mushroom spores legal in Montana?

Montana's Schedule I names the compounds psilocybin and psilocyn and does not mention mushrooms or spores. Whether a particular item is covered depends on whether it is material that contains any quantity of those compounds, which this page does not resolve.

Does Montana have a psilocybin therapy program?

No. Montana law contains no psilocybin therapy, medical or research program; a 2025 draft to establish a psilocybin-assisted therapy pilot program died in process on May 27, 2025.

Would FDA approval of a psilocybin drug change Montana law?

Under MCA 50-32-203, when a drug is rescheduled under federal law and notice is given to the Board of Pharmacy, the board similarly controls it 30 days after a federal final order is published, unless the board objects in that period. Montana's psilocybin listing is itself written into MCA 50-32-222.