Possession penalty
Simple possession is punishable by up to 5 years in state prison, a fine up to $5,000, or both; a first violation carries a presumption of deferred imposition of sentence, not a guarantee.
MT Psilocybin law · Reviewed Nov 12, 2026
Psilocybin and psilocin are Schedule I substances in Montana, and the state has no psilocybin medical program or decriminalization law.
Simple possession is punishable by up to 5 years in state prison, a fine up to $5,000, or both; a first violation carries a presumption of deferred imposition of sentence, not a guarantee.
Montana has no psilocybin medical, therapy, or research-access program. The 2025 Right to Try expansion did not change psilocybin’s Schedule I status or create access. The sources do not state a psilocybin task force, trial-funding, or veterans program.
No city or county measures found in our sources.
The sources say spores are not named in the schedules and contain no psilocybin; one source describes spores for microscopy as lawful, while another says it does not state a rule for spores. Growing mushrooms that contain psilocybin may be charged as production or manufacture.
One source says Amanita muscaria is not controlled under Montana law and may be possessed or sold, but notes federal food-law uncertainty for edible products.
The sources identify ibogaine, MDMA, and LSD as Schedule I substances in Montana; they describe no state access program for these psychedelics.
A Missoula resolution to deprioritize entheogenic plants was tabled after failing to find sufficient votes.
HB 955, which proposed a licensed therapeutic psilocybin program, was defeated in committee.
Psilocybin therapy and medical-study bill drafts died before becoming enacted legislation.
Montana expanded its Right to Try law, but the change did not alter psilocybin’s Schedule I status or provide psilocybin access.
Montana held no regular legislative session; no psilocybin reform was enacted.
Number of states in each category. Montana’s category is highlighted.
Access score from 0 (illegal) to 5 (licensed adult access).
Listings describe themselves; Pscilly does not sell psilocybin, and sellers outside a state program are labeled “not state-licensed.”
Psilocybin and psilocin are Schedule I substances in Montana, and the state has no psilocybin medical program or decriminalization law.
Simple possession is punishable by up to 5 years in state prison, a fine up to $5,000, or both; a first violation carries a presumption of deferred imposition of sentence, not a guarantee.
Montana has no psilocybin medical, therapy, or research-access program. The 2025 Right to Try expansion did not change psilocybin’s Schedule I status or create access. The sources do not state a psilocybin task force, trial-funding, or veterans program.
The sources say spores are not named in the schedules and contain no psilocybin; one source describes spores for microscopy as lawful, while another says it does not state a rule for spores. Growing mushrooms that contain psilocybin may be charged as production or manufacture.
One source says Amanita muscaria is not controlled under Montana law and may be possessed or sold, but notes federal food-law uncertainty for edible products.
Pscilly classifies Montana as: illegal. Laws change often, so check the linked sources and current state rules.
Educational summary, not legal advice. Pscilly reviewed these laws on November 12, 2026 using the sources listed; laws change often, so confirm current rules with the state or a lawyer. Psilocybin remains a Schedule I controlled substance under federal law.
Pscilly is a mushroom directory and marketplace for the U.S., Canada, Europe and beyond, covering mushroom shops, licensed psilocybin centers, smart shops, retreats, mushroom brands, delivery services, events and deals. Listings come from the businesses themselves and from public sources, and every listing links to the business.