Psilocybin mushrooms are fully illegal in Montana in 2026, with no medical program, no decriminalization, and no local reform ordinances.
Montana remains one of the stricter states for psilocybin in 2026. Psilocybin and psilocyn are named Schedule I controlled substances under the Montana Uniform Controlled Substances Act, and possessing any amount is a felony — there is no medical program, no decriminalized city, and no citizen-initiative campaign currently underway. The state has debated reform: a 2023 bill would have created licensed psilocybin therapy for PTSD, anxiety, depression, and substance-use disorders, but it was voted down in committee, and a June 2022 Missoula City Council resolution to deprioritize entheogenic plants was tabled after failing to find the votes. The most interesting recent development is adjacent rather than direct — on May 12, 2025 Gov. Greg Gianforte signed SB 535, a sweeping Right to Try expansion that licenses experimental treatment centers to offer therapies that have cleared Phase I safety trials. That law has drawn national attention, but it is framed around FDA trial status rather than controlled substances, and it does not touch psilocybin's Schedule I status: no legal psilocybin access exists in Montana as of mid-2026. Spores for microscopy and amanita muscaria products remain lawful; anything containing psilocybin does not.
Possession
Psilocybin and psilocyn are named Schedule I controlled substances under the Montana Uniform Controlled Substances Act (MCA 50-32-222(4)(dd)-(ee)), and possessing any amount of psilocybin mushrooms is a felony under MCA 45-9-102. There is no personal-use exception, medical carve-out, or reduced-penalty tier based on quantity. Montana law does contain one mitigating provision: under 45-9-102, a person convicted of a first violation is presumed to be entitled to a deferred imposition of sentence.
Cultivation
Growing psilocybin mushrooms is charged as criminal production or manufacture of dangerous drugs under MCA 45-9-110 — a felony punishable by up to 25 years in state prison and a fine of up to $50,000, far beyond the penalty for simple possession.
Retail / purchase
No psilocybin purchase is legal in Montana in any form — there are no licensed dispensaries, service centers, or therapy programs, and criminal distribution of dangerous drugs is a felony carrying up to 25 years and a $50,000 fine (MCA 45-9-101(3)). The only mushroom products sold legally are non-psilocybin items such as functional mushroom supplements and amanita muscaria products.
Spores
Psilocybin spores contain no psilocybin and are not named in Montana's controlled substances schedules, so they can be purchased for microscopy and taxonomy research from vendors in states where spores are lawful. A short list of states does ban spores specifically — California, Georgia, Idaho, and Florida, and, since 2025, Florida (SB 700, codified at Fla. Stat. 500.75) — so the ban list is growing and should be rechecked before ordering. Germinating spores in Montana is a different matter: once mycelium begins producing controlled compounds it becomes felony production or manufacture under MCA 45-9-110. Montana's paraphernalia statute (MCA 45-10-101) also reaches kits used or intended for propagating or cultivating a dangerous drug.
Amanita muscaria
Amanita muscaria is not a controlled substance under Montana or federal law — its active compounds, muscimol and ibotenic acid, are unscheduled — so dried caps and other amanita products can be legally sold and possessed in Montana, and Louisiana remains the only state with an outright statewide ban (with an exception for ornamental use). Two caveats matter. First, food law is separate from drug law: in a December 18, 2024 alert the FDA stated that Amanita muscaria, its extracts, and constituents such as muscimol and ibotenic acid are not authorized for use as ingredients in conventional food, so gummies, chocolates, and other edible formats sit in a federal regulatory gray zone. That alert followed 2024 illness investigations involving mushroom-based edibles, including the recalled Diamond Shruumz line, whose products were found to contain several unlabeled compounds. Second, a number of states have begun regulating amanita edibles at the retail or food-safety level even without scheduling the mushroom, so state rules should be checked directly rather than assumed.
Recent changes
Montana's most recent psilocybin bill, HB 955 (Rep. Jill Cohenour), which would have created licensed therapeutic psilocybin treatment for PTSD, anxiety, depression, and substance use disorders, was defeated 9-12 in the House Human Services Committee on April 6, 2023. Nothing comparable followed: a 2025 bill-draft request to study psilocybin for medical uses (LC3969) was never introduced as a numbered bill and died on April 30, 2025, and no psilocybin bill passed either chamber in the 2025 session. Separately, SB 535 (passed the legislature April 29, 2025 and signed by Gov. Greg Gianforte on May 12, 2025) dramatically expanded Montana's Right to Try law, licensing 'experimental treatment centers' to offer therapies that have completed Phase I safety trials. The statute is written around FDA trial status rather than controlled substances, it limits sales to treatments manufactured in Montana, and it does not alter psilocybin's Schedule I status under state or federal law — no legal psilocybin access has resulted from it as of July 2026.
Simple possession of psilocybin in Montana is a felony punishable by up to 5 years in prison and a $5,000 fine (MCA 45-9-102), though a first conviction under that section carries a statutory presumption of deferred imposition of sentence. Possession with intent to distribute carries up to 20 years and $50,000 (MCA 45-9-103); distribution and manufacture each carry up to 25 years and $50,000 (MCA 45-9-101, 45-9-110).
Legal options for Montana residents
The nearest genuinely legal psilocybin access for Montanans is Colorado's regulated natural medicine program — healing centers are licensed by the Colorado Department of Revenue's Natural Medicine Division and facilitators by the Department of Regulatory Agencies (DORA) under the Natural Medicine Health Act, and there is no residency requirement, so adults 21+ from out of state can participate — or Oregon's licensed psilocybin service centers. Both require participation on-site with a licensed facilitator; neither allows product to be taken home or shipped, and carrying psilocybin back into Montana is a felony there. Within Montana, legal alternatives are limited to microscopy-grade spores, amanita muscaria products, and functional (non-psychoactive) mushroom supplements.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Montana?
No. Psilocybin mushrooms are illegal in Montana in 2026. Psilocybin is a Schedule I controlled substance under state law, and possession of any amount is a felony. Montana has no medical psilocybin program, no decriminalized cities, and no ballot measure pending.
Is Montana going to legalize psilocybin therapy?
Not soon. A 2023 bill (HB 955) to legalize supervised psilocybin therapy for PTSD, anxiety, depression, and substance use disorders was voted down 9-12 in committee, and the only psilocybin item in the 2025 session was a study bill draft (LC3969) that was never introduced. Montana's legislature meets only in odd years, so the next realistic window is the 2027 session.
Can you buy psilocybin spores in Montana?
Spores themselves contain no psilocybin and are not named in Montana's controlled substances schedules, so buying them for microscopy or taxonomy research is generally lawful — unlike in California, Georgia, Idaho, and Florida, which ban spores outright. Using spores to grow mushrooms is felony production or manufacture under MCA 45-9-110, and Montana's paraphernalia statute covers cultivation kits, so spores held alongside grow equipment can be used as evidence of intent.
What is the penalty for mushrooms in Montana?
Possession of psilocybin mushrooms is a felony in Montana, punishable by up to 5 years in prison and a $5,000 fine under MCA 45-9-102, although a first conviction under that section is presumed to qualify for a deferred imposition of sentence. Possession with intent to distribute rises to up to 20 years, and distribution or manufacture to up to 25 years, each with fines up to $50,000.
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- MCA 50-32-222 — Schedule I (psilocybin and psilocyn listed at subsection (4)) (Montana Code Annotated) (accessed 2026-07-29)
- MCA 45-9-102 — Criminal possession of dangerous drugs (5 years / $5,000; first-violation deferred imposition presumption) (accessed 2026-07-29)
- MCA 45-9-101 — Criminal distribution of dangerous drugs (up to 25 years / $50,000) (accessed 2026-07-29)
- MCA 45-9-110 — Criminal production or manufacture of dangerous drugs (up to 25 years / $50,000) (accessed 2026-07-29)
- MCA 45-10-101 — Drug paraphernalia definition (includes cultivation kits) (accessed 2026-07-29)
- Montana Lawmakers Defeat Psilocybin Therapy Legalization Bill — HB 955, Rep. Jill Cohenour, 9-12 committee vote April 6, 2023 (Marijuana Moment) (accessed 2026-07-29)
- Montana Set to Become Hub for Experimental Medical Treatments — SB 535 signed May 12, 2025 (Duane Morris) (accessed 2026-07-29)
- The first US hub for experimental medical treatments is coming (MIT Technology Review, May 14, 2025) (accessed 2026-07-29)
- Missoula resolution to decriminalize entheogenic plants tabled in committee (Missoula Current, July 1, 2022) (accessed 2026-07-29)
- DeSantis Signs Bill To Criminalize Psychedelic Mushroom Spores In Florida — SB 700, signed May 16, 2025 (Marijuana Moment) (accessed 2026-07-29)
- Fla. Stat. 500.75 (2025) — Florida spore and mycelium prohibition (accessed 2026-07-29)
- Colorado Division of Natural Medicine FAQ — healing center licensing (Dept. of Revenue) and facilitator licensing (DORA) (accessed 2026-07-29)
- Psilocybin Legal Status by State and Federal Law (Recovered.org, updated July 7, 2026) (accessed 2026-07-29)
- Psychedelic Drug Laws in Montana (Tripsitter) (accessed 2026-07-29)