Are Magic Mushrooms Legal in Montana? 4 Points to Note

Curious about where Montana stands on magic mushrooms? You’re not alone. With more talk about psychedelics and mental health treatment, it’s important to understand psilocybin laws. In Montana, the legal status is strict—psilocybin is a Schedule I controlled substance, considered a dangerous substance under drug laws. Here are five key points to keep in mind.

Key Takeaways

• Magic mushrooms are illegal in Montana as a Schedule I controlled substance.
• Possession, cultivation, or distribution can result in felony charges, fines, and jail time.
• Mushroom spores may be legal to own, but growing them into psilocybin mushrooms is a crime.
• Montana has no medical or decriminalization measures, though lawmakers have discussed potential frameworks.
  

What are Psychedelic Mushrooms?

Magic mushrooms, often called shrooms, contain psilocybin — a naturally occurring psychedelic substance that can alter perception, mood, and thought. Many people are drawn to their possible therapeutic purposes, with research looking into how psilocybin might support mental health treatment for conditions like depression and post traumatic stress disorder.

Are Magic Mushrooms Legal in Montana?

In Montana, magic mushrooms are still illegal. You can’t legally grow them, use them, or have them in your possession. Under state drug laws and federal rules, psilocybin is a Schedule I controlled substance — classified as a dangerous substance with no accepted medical use. Getting caught possessing psilocybin can bring felony charges, criminal penalties, fines, and even jail time.

There is one gray area: psilocybin mushroom spores. Because spores don’t contain psilocybin, they are technically legal to buy or own. But once they’re used to cultivate mushrooms, it’s considered a crime under psilocybin laws.

Legalities and MT Laws on Magic Mushrooms

With all the talk about psychedelics and mental health, it’s natural to wonder what the rules look like here in Montana. If you’re curious about magic mushrooms—whether for personal interest, therapy, or research—here are the basics you need to know.

Schedule I Classification

In Montana, psilocybin is treated as a Schedule I controlled substance, the most restricted category under state and federal law. That means it’s illegal to have, grow, share, or use psilocybin mushrooms. Getting caught can bring felony charges, big fines, and even jail time.

Spores are a bit of a gray area. Because they don’t actually contain psilocybin, they’re legal to buy and own in Montana. But the moment they’re used to grow mushrooms, it becomes a crime and can lead to serious charges.

Religious Exemption

There is a very narrow religious exemption for psilocybin use. Some recognized religious groups may be allowed to use it in ceremonies, but these cases are rare and come with strict legal requirements.

Proposed Medical Framework

Lawmakers in Montana have started to study ideas for medical use. Some bills have suggested creating licensed centers where psilocybin could be given to patients dealing with things like PTSD or severe depression. But so far, none of these proposals have passed.

No Broader Decriminalization

Unlike states such as Oregon or Colorado, Montana hasn’t moved toward decriminalizing small amounts of psilocybin for personal use. Possession is still a criminal offense, and law enforcement continues to treat it that way.

What to Do If You Need Psychedelic Treatment in Montana

Even though magic mushrooms are still illegal in Montana, there are other options for people looking into psychedelic therapy or mental health support. Here are some of the safer and legal paths you can study:

• Licensed ketamine therapy – Ketamine is legally approved for treatment-resistant depression and is available through licensed clinics or even telehealth services in Montana.
• Join a clinical trial – Some ongoing research studies include psilocybin or other psychedelic substances. Enrolling in a trial could provide legal access under medical supervision.
• Religious use exemptions – In rare cases, members of recognized religious groups that use psychedelic substances in ceremonies may be protected under religious exemption laws.
• Follow legislative changes – Montana lawmakers have discussed bills and proposals around psychedelic legalization and pilot programs. Keeping an eye on these efforts could open up future opportunities for legal psilocybin treatment.
• Travel to legal states – In places like Oregon and Colorado, certain forms of psilocybin therapy are legal. Some Montana residents choose to attend licensed retreats or treatment programs there.
• Study legal alternatives – Options like cannabis-assisted therapy, mindfulness practices, and holistic treatments (such as meditation, breathwork, or herbal supplements) can offer some of the therapeutic benefits people seek from psilocybin—without breaking the law.
  

Consequences for Use and Possession of Magic Mushrooms in MT

Even though there’s growing national interest in the therapeutic benefits of psilocybin, Montana still enforces strict penalties. Knowing the risks is important before making any decisions.

• Felony charges – Having psilocybin mushrooms in Montana is considered a felony, which can bring serious legal consequences.
• Jail time – If convicted, you could face time behind bars. The length of the sentence depends on how much you have and whether you’ve been charged before.
• Fines – Getting caught can also hit your wallet hard. Fines often reach into the thousands of dollars.
• Criminal record – A felony conviction doesn’t just end in court. It can leave you with a permanent record that affects job opportunities, housing, and even education.
• No medical exemption – Unlike some states studying therapeutic psilocybin use, Montana law doesn’t make exceptions for medical or mental health conditions.
  

Final Thoughts

Conversations about the therapeutic and medicinal potential of psilocybin are gaining momentum, but in Montana, magic mushrooms are still treated as a controlled substance.

For now, it’s important for residents to understand the legal boundaries and consider safer, legal alternatives if they’re interested in psychedelic treatment.

Change may come slowly, but staying informed and connected to local advocacy can help you be part of the conversation. To learn more about current laws and study legal options for mental health support, see our full guide on psilocybin and safe alternatives in Montana.

Frequently Asked Questions

Can I legally grow psilocybin mushrooms in Montana?

No, you can’t. Growing magic mushrooms in Montana is against the law and can bring felony charges, even if you’re only planning to use them yourself.

Are magic mushroom spores legal in the state?

Spores without psilocybin are technically legal to own in Montana. But the moment you try to grow them into mushrooms, it becomes illegal.

Does Montana allow medical exceptions for psilocybin use?

Not right now. Montana doesn’t make exceptions for medical or therapeutic use, even if psilocybin might help with mental health conditions.

What if I’m caught with a small amount for personal use?

In Montana, possession of any amount is treated as a crime. Even just a little can lead to felony charges, fines, and possibly jail time.

Can I travel to another state for legal psilocybin treatment?

Yes, some people go to places like Oregon or Colorado, where psilocybin is decriminalized or legal for therapeutic use. But it’s important to know that bringing mushrooms back across state lines is still illegal under federal law.