Psilocybin law · MT
Is psilocybin legal in Montana?
Psilocybin is illegal in Montana: it is a Schedule I dangerous drug under MCA 50-32-222, possession is a felony, and no psilocybin bill was introduced in the 2025 session.
Psilocybin is a controlled substance under state law with no programme for its use. Last checked 26 Oct 2026. Pending bills are re-checked weekly against the legislature; last change recorded 26 Oct 2026. Not legal advice.
Current status
- Psilocybin and psilocyn (psilocin) are listed in Schedule I, hallucinogenic substances, MCA 50-32-222(4)(dd) and (ee) (Montana Legislature, current page)
- A first conviction for criminal possession of dangerous drugs carries a presumption of deferred imposition of sentence (MCA 45-9-102(3)). (Montana Legislature, current page)
Decriminalized cities and counties
None found as of 26 Oct 2026.
A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.
Bills
We found no psilocybin or psychedelic bill in the 2025 or 2026 sessions, as of 26 Oct 2026.
Penalties
- Criminal possession of a dangerous drug is punishable by up to 5 years in state prison, a fine up to $5,000, or both (MCA 45-9-102(2)). (Montana Legislature, current page)
Federal law applies in Montana too
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
Questions and answers
- Is psilocybin legal in Montana?
- Psilocybin is illegal in Montana: it is a Schedule I dangerous drug under MCA 50-32-222, possession is a felony, and no psilocybin bill was introduced in the 2025 session.
- Has any city in Montana decriminalized psilocybin?
- We found no city or county measure in Montana that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Montana?
- We found no psilocybin bill in the Montana legislature's 2025 or 2026 sessions.
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