Psilocybin Laws in Montana

How Montana law treats magic mushrooms (psilocybin), from the state code and official state agencies.

Short answer: Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Montana. Possessing them is criminal possession of dangerous drugs, a felony punishable by up to 5 years in state prison and/or a fine of up to $5,000; MCA §§ 50-32-222(4), 45-9-102

Magic mushrooms (psilocybin)	Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Montana. Possessing them is criminal possession of dangerous drugs, a felony punishable by up to 5 years in state prison and/or a fine of up to $5,000; a person convicted of a first violation is presumed entitled to a deferred imposition of sentence. Read in the Montana Code Annotated 2025 (mca.legmt.gov). Schedule I: https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html. No psilocybin program or decriminalization statute appeared in the sections read (not a full review). Source: MCA §§ 50-32-222(4), 45-9-102

Magic mushrooms (psilocybin)

Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Montana. Possessing them is criminal possession of dangerous drugs, a felony punishable by up to 5 years in state prison and/or a fine of up to $5,000; a person convicted of a first violation is presumed entitled to a deferred imposition of sentence.

Read in the Montana Code Annotated 2025 (mca.legmt.gov). Schedule I: https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html. No psilocybin program or decriminalization statute appeared in the sections read (not a full review).

Source: MCA §§ 50-32-222(4), 45-9-102

More Montana criminal law

FAQ

Are magic mushrooms legal in Montana?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.