Is Psilocybin / Magic Mushrooms Legal in Montana? (2026)

UNCLEAR
Confidence: High

The legal status of Psilocybin / Magic Mushrooms in Montana is currently unclear — verify locally.

Key Restriction
See details
Penalty
Felony
Last Updated
2026-03-25

Law changed in 2023: In 2023, a bill to legalize psilocybin for therapeutic use was defeated in the legislature. There have been no significant changes to the law, and psilocybin remains illegal.

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Quick Answer

Legal status of Psilocybin / Magic Mushrooms in Montana has not yet been verified. In 2023, a bill to legalize psilocybin for therapeutic use was defeated in the legislature.

What the Law Says

Psilocybin is a Schedule I dangerous drug in Montana, and its possession is a felony.

Pending verification
Category Details
Possession Unverified
Distribution Unverified
Penalties Unverified
Age Restriction Unverified
Pending Legislation Unverified
Recent Changes

In 2023, a bill to legalize psilocybin for therapeutic use was defeated in the legislature. There have been no significant changes to the law, and psilocybin remains illegal.

Enforcement Reality

Psilocybin is a Schedule I drug in Montana, and law enforcement actively prosecutes cases involving its possession and trafficking. Recent arrests demonstrate that these laws are enforced.

Charge Level
Felony
Enforcement Likelihood
Moderate
Common Triggers
Standard drug enforcement activities.
Common Mistakes

A common mistake is to confuse the existence of legal psychedelic therapy clinics (using substances like ketamine) with the legality of psilocybin. Psilocybin remains illegal for all uses.

Local Exceptions

None identified. State law applies uniformly across Montana. Local ordinances may still vary — check with your city or county government for any additional rules.

Bottom Line

The legal status of Psilocybin / Magic Mushrooms in Montana is unclear. Laws may be in flux or unevenly enforced. Consult a licensed attorney before proceeding.

Montana vs. the Rest of the US

Across the US, possessing psilocybin mushrooms is fully legal in 2 states, restricted in 2, and illegal in 36. Montana falls in the UNCLEAR category.

View the full 50-state map →

Neighboring States

Laws change at state lines. Here is how bordering states compare on Psilocybin / Magic Mushrooms:

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Frequently Asked Questions

Is it legal to possess Psilocybin / Magic Mushrooms in Montana?
The legal status of Psilocybin / Magic Mushrooms in Montana is currently unclear — verify locally. Legal status of Psilocybin / Magic Mushrooms in Montana has not yet been verified. In 2023, a bill to legalize psilocybin for therapeutic use was defeated in the legislature.
Can you possess psilocybin mushrooms in Montana?
Legal status of Psilocybin / Magic Mushrooms in Montana has not yet been verified. In 2023, a bill to legalize psilocybin for therapeutic use was defeated in the legislature.
What is the age restriction for possessing psilocybin mushrooms in Montana?
Unverified
Is Montana changing its psilocybin / magic mushrooms laws?
Unverified
Does the law on possessing psilocybin mushrooms change at the Montana border?
Yes. Psilocybin / Magic Mushrooms are illegal in neighboring North Dakota. Laws change at state lines — check each state individually before traveling.

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EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

1.
Primary Citation
2.
Statute Summary
Psilocybin is a Schedule I dangerous drug in Montana, and its possession is a felony.
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.

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Explore all related legal topics in Montana — statutes, penalties, and enforcement in one place.

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Psilocybin / Magic Mushrooms in Other States

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