Are Psilocybin Mushrooms Legal in Montana?

At-a-Glance Status

• Statewide status: Illegal (Schedule I dangerous drug) — Mont. Code Ann. § 50-32-222(4)(dd) psilocybin, (4)(ee) psilocyn.
• Possession: criminal possession of dangerous drugs — § 45-9-102 (felony, up to 5 years in state prison and/or $5,000; a first offense is presumed entitled to a deferred imposition of sentence).
• Use: no separate offense — possession covers it.
• Growing (production / manufacture): § 45-9-110 — the statute literally says "cultivates" — felony, up to 25 years and/or $50,000, with no first-offense deferral presumption.
• Selling / intent to sell: distribution § 45-9-101(3) — up to 25 years and/or $50,000 (to a minor: up to 40 years, then life); possession with intent § 45-9-103 — up to 20 years and/or $50,000. Giving away or sharing is sentenced at the possession level (§ 45-9-101(2)).
• Paraphernalia: § 45-10-103 — misdemeanor, up to 6 months county jail and/or $500.
• Local enforcement: none — Missoula tabled entheogen resolutions in 2022 and 2024.
• Reform status: one bill introduced (HB 955, 2023 — tabled in committee); a 2025 pilot-program draft was never introduced. Nothing enacted.
• Church support: Supported state — religious path via RFRA.

What Montana Law Actually Says

Montana’s drug code calls controlled substances "dangerous drugs" (Mont. Code Ann. § 50-32-101(6)), and lists psilocybin and psilocyn by name among the Schedule I hallucinogens (§ 50-32-222(4)(dd)–(ee)).

Possession of any amount is criminal possession of dangerous drugs (§ 45-9-102) — a felony carrying up to 5 years in state prison and/or a $5,000 fine. The statute adds that a first offense is "presumed to be entitled to a deferred imposition of sentence," so a first-time possession case often ends without prison time — but it is still a felony charge on the record.

Growing is its own crime. Criminal production or manufacture (§ 45-9-110) covers anyone who "produces, manufactures, prepares, cultivates, compounds, or processes" a dangerous drug, and § 50-32-101(26) defines "production" to include "planting, cultivation, growing, or harvesting." It carries up to 25 years and/or $50,000, with no first-offense deferral presumption.

Selling is criminal distribution (§ 45-9-101) — also up to 25 years and/or $50,000, rising to 40 years (first offense) or life (repeat) when the buyer is a minor. Possession with intent to distribute (§ 45-9-103) runs up to 20 years and/or $50,000. One nuance most guides miss: § 45-9-101(2) sentences giving away or sharing at the possession level, not the distribution level. Paraphernalia — grow kits, scales — is a misdemeanor (§ 45-10-103, up to 6 months and/or $500). Psilocybin is also Schedule I under federal law.

What's Restricted

• Possessing psilocybin mushrooms — felony (§ 45-9-102), deferral presumed on a first offense.
• Growing mushrooms — production or manufacture (§ 45-9-110), up to 25 years.
• Selling or distributing psilocybin — § 45-9-101; sharing is sentenced at the possession level.
• Paraphernalia, including grow equipment — misdemeanor (§ 45-10-103).

All of it is criminal under state law. Nothing in Montana law authorizes any therapeutic, adult-use, or local exception.

Has Any Montana City Lowered Enforcement?

No. Unlike Minneapolis or Denver, no Montana city or county has passed a deprioritization or decriminalization measure.

The closest attempt is Missoula. Council members Daniel Carlino and Kristen Jordan introduced a resolution in June 2022 that would have made arrests for growing, harvesting, or sharing entheogenic plants and fungi a lowest priority and asked the county attorney to stop prosecuting such cases. It lacked the votes and was tabled in committee in July 2022. Carlino brought it back in March 2024; the Public Safety, Health and Operations Committee tabled it again for six months, and no version has since passed. Missoula police and county health officials opposed both rounds.

Bozeman, Billings, Helena, Great Falls, and every other Montana city: no measure found. Even had Missoula’s resolution passed, it would have been deprioritization, not legalization — state law (§§ 45-9-102, 45-9-110) would still apply.

Are Mushrooms Legal in Missoula?

No. Missoula has not passed any resolution; possession is a state felony there as everywhere in Montana.

The #Decrim Movement

The #decrim movement, which started in California, is how ordinary people are working to change laws governing natural psychedelics, city by city and state by state — through education, local organizing, public meetings, and legislation. The #decrim movement includes the work to legalize psilocybin. Decriminalization is not legalization; every proposal has its own scope and limits.

Follow #decrim and #DecriminalizeNature to find campaigns, proposed legislation, public meetings, and organizations near you. Read the proposal, learn what it would — and would not — change, and show up where the work is happening. Social media can lead you to the movement, but always verify current law through official government sources.

The Spore Rule: What the Statute Actually Says

Montana has no statute that specifically bans psilocybin spores (unlike Florida, Georgia, or Idaho). Schedule I (§ 50-32-222) lists psilocybin and psilocyn — the psychoactive compounds — which dormant spores do not contain, so spores sit in a legal gray zone.

But the moment spores are germinated, that is cultivation — "production or manufacture" under § 45-9-110 (the statute literally says "cultivates") — a felony carrying up to 25 years. And anything used to grow them is paraphernalia under § 45-10-103, whose text covers items used "to plant, propagate, cultivate, grow, harvest" a dangerous drug. Treat spores as unscheduled, not as safe.

Montana Psilocybin Law in 2026: What Changed—and What Did Not

Nothing has changed. Montana has not legalized, decriminalized, or created any medical or therapeutic pathway for psilocybin, and — unlike Minnesota or New Mexico — it has had no serious legislative movement.

The only psilocybin bill ever introduced is HB 955 (2023), sponsored by Rep. Jill Cohenour (D-East Helena), which would have licensed supervised psilocybin therapy for adults 18+ with PTSD, anxiety, depressive, or substance-use disorders. It was heard in House Human Services on March 29, 2023, tabled the next day, and died in committee. A companion 2023 interim-study draft (LC 2311) was never introduced.

In the 2025 session, Rep. Katie Sullivan (D-Missoula) requested a draft to "establish a psilocybin-assisted therapy pilot program" (LC 1976), but it was never introduced as a bill and died with the session on May 27, 2025. The Legislature meets in odd-numbered years, so there is no 2026 session and no enacted change to report. Psilocybin remains a Schedule I felony statewide.

Looking beyond Montana?

Religious Use: What the Law Does — and Does Not — Protect

Montana’s drug statutes makes no exception for religious use — but federal law offers a narrower principle. The Religious Freedom Restoration Act (RFRA) can protect the sincere religious use of a sacrament even where a substance is otherwise illegal. It is a defense, decided case by case — not immunity, and not legalization.

Montana also has its own Montana Religious Freedom Restoration Act (Mont. Code Ann. Title 27, ch. 33, enacted 2021), which applies the same test to state and local government action: the state "may not substantially burden a person’s right to the exercise of religion" unless doing so "is essential to further a compelling governmental interest" and is "the least restrictive means" (§ 27-33-105), and it may be raised "as a claim or defense in a judicial or administrative proceeding." No Montana court has applied it to psilocybin, and it does not exempt anyone from the drug laws. Federal RFRA, by contrast, reaches only federal action (City of Boerne v. Flores, 1997).

The Church states this honestly: sincere sacramental practice may be protected; it never promises you cannot be prosecuted under state or federal law.

How TCOP Supports Members in Montana

The Church of Psychedelics can support a person's spiritual development without pretending that membership changes Montana law.

TCOP members can participate in Ayüna (the religion), The Golden Path (the spiritual belief system), and teachings, prayer, preparation, integration, services, and community gatherings. These practices help people expand their self-awareness, deepen their relationship with Source Consciousness, and bring greater intention and responsibility into everyday life.

The sacrament of psilocybin is part of that religious life, but it is not the whole religion. Preparation helps a person understand why they are developing a relationship with the medicine. Integration helps them carry what they learn into their relationships, choices, healing, and spiritual development.

We will not tell a Montana member that joining the Church automatically makes possession or use legal. Trust begins with telling the truth about both the spiritual path and the law.

Store-Shelf "Mushroom" Products: Read the Label, Then Question It

Montana does not have a legal retail market for psilocybin gummies or chocolate. A package labeled "mushroom," "microdose," or "psychedelic" is not proof that it contains psilocybin — or that the label accurately describes what is inside.

Some products contain Amanita compounds such as muscimol. Others may contain synthetic or undisclosed substances. In the nationwide Diamond Shruumz investigation, CDC reported 180 illnesses, 73 hospitalizations, and two associated deaths. Testing found several substances across different products, including psilocin, O-acetylpsilocin, muscimol, kavalactones, and the prescription drug pregabalin.

The practical lesson is simple: a product being sold openly does not make it regulated, accurately labeled, or safe.

The Bottom Line

Psilocybin remains illegal under Montana law, and unauthorized possession, cultivation, and distribution can carry serious felony consequences. Montana has no regulated psilocybin access program.

TCOP is built on sincere belief, ongoing spiritual practice, intentional sacramental use, education, and member support—the kinds of facts courts examine under RFRA. Based on our legal review, qualifying Montana members may receive the sacrament through this religious framework.

Membership does not legalize psilocybin under Montana law or guarantee immunity. Montana has its own RFRA, while federal RFRA and the Supreme Court’s O Centro decision protect individualized consideration of sincere sacramental practice involving federal action. Every claim remains case-specific.

The medicine deserves reverence. The law deserves precision. The Church of Psychedelics honors both by giving members clear information, being honest about what is still uncertain, and treating sacramental use as part of a sincere personal spiritual development practice — the kind of religious exercise RFRA was written to protect.

Frequently Asked Questions

Sources

Sources for this guide include state statutes, court decisions, and official policy records. Laws can change; this information is educational and is not legal advice.

1. Mont. Code Ann. § 50-32-222 — Schedule I (psilocybin (4)(dd), psilocyn (4)(ee)) · Montana Code Annotated
2. Mont. Code Ann. § 50-32-101 — definitions ("dangerous drug," "manufacture," "production") · Montana Code Annotated
3. Mont. Code Ann. § 45-9-102 — criminal possession of dangerous drugs · Montana Code Annotated
4. Mont. Code Ann. § 45-9-101 — criminal distribution of dangerous drugs · Montana Code Annotated
5. Mont. Code Ann. § 45-9-103 — criminal possession with intent to distribute · Montana Code Annotated
6. Mont. Code Ann. § 45-9-110 — criminal production or manufacture of dangerous drugs · Montana Code Annotated
7. Mont. Code Ann. § 45-10-103 — criminal possession of drug paraphernalia · Montana Code Annotated
8. Mont. Code Ann. § 45-2-101 — definitions of "felony" and "misdemeanor" · Montana Code Annotated
9. Mont. Code Ann. § 27-33-105 — Montana Religious Freedom Restoration Act · Montana Code Annotated
10. Mont. Code Ann. § 27-33-104 — Montana RFRA definitions, including "state action" · Montana Code Annotated
11. Montana Constitution, Article II, section 5 — freedom of religion · Montana Code Annotated
12. HB 955 (2023) — psilocybin therapy proposal; tabled in committee and never enacted · Montana Legislature, Bill Explorer
13. 21 C.F.R. § 1308.11 — federal Schedule I · U.S. eCFR (official)
14. Federal Religious Freedom Restoration Act — 42 U.S.C. § 2000bb-1 · U.S. Code (official)
15. Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006) — sacramental use of a Schedule I psychedelic (bound volume 546, opinion at p. 418) · Supreme Court of the United States
16. City of Boerne v. Flores, 521 U.S. 507 (1997) — federal RFRA does not bind state and local government (bound volume 521, opinion at p. 507) · Supreme Court of the United States