Is Amanita muscaria / Muscimol Legal in Montana? (2026)

Legal

As of October 8, 2026, Amanita muscaria / Muscimol is legal to sell at retail in Montana. Not named on Montana schedules or in any state law; edibles reachable only via general food-adulteration law. Controlling source: MCA 50-32-222.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

Nothing in Mont. Code Ann. Sec. 50-32-222 (Schedule I) names Amanita muscaria, muscimol, or ibotenic acid (official text fetched 2026-10-07; psilocybin is listed, these are not). No Montana statute or rule names these compounds, so the only reach is general food adulteration law read with FDA's Dec. 18, 2024 determination that A. muscaria and its constituents are unapproved food additives, which does not reach inhaled products such as vapes. Analogue-act reach is remote because muscimol and ibotenic acid are not structurally similar to any Schedule I or II hallucinogen.

Citations

  1. MCA 50-32-222 (Montana Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. FDA Alerts Industry and Consumers about the Use of Amanita Muscaria or its Constituents in Food (Constituent Update, Dec. 18, 2024) (U.S. Food and Drug Administration, 2026-10-07) PRIMARYOFFICIAL
  3. Amanita muscaria (Fly Agaric) Fact Sheet (Mar. 2026) (Legislative Analysis and Public Policy Association (LAPPA), 2026-10-07)OFFICIAL

Where Amanita muscaria / Muscimol stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Montana's 4 neighbors, Idaho, North Dakota, South Dakota and Wyoming are legal, the same posture as Montana.

Open the interactive map · Every compound in Montana

Federal posture

Federal gray area. Not federally scheduled; FDA says A. muscaria, muscimol, ibotenic acid are unapproved food additives, unsafe in food. Federal detail

Verbatim law on file for Montana

2 instruments on file for this compound's framework in Montana; 3 of 3 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

MCA 50-32-222(4) (Schedule I hallucinogens — enumerated, 4-HO-MET absent); MCA 50-32-222(11) + 50-32-101(7) (Dangerous Drug Analogue)OFFICIAL
Instrument
statute
Source
https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html
Retrieved
2026-06-19
Fingerprint
2aaa76f87ec35fee
**50-32-222(4) Hallucinogenic substances (header)** — "Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following is a hallucinogenic substance, including salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: … (dd) psilocybin; (ee) psilocyn, also known as psilocin; …"
— MCA 50-32-222(4), https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html (official Montana Code Annotated 2025). 4-HO-MET (4-hydroxy-N-methyl-N-ethyltryptamine) does **not** appear anywhere in the enumerated list; the listed 4-/5-substituted tryptamines are bufotenine, 5-MeO-DIPT, 5-MeO-DMT, AMT, AET, DET, DMT — not 4-HO-MET.
**50-32-222(5)(a)** — "For the purposes of subsection (4), the term 'isomer' includes the optical, positional, and geometric isomers."
— same URL (confirms the schedule's only catch-all reach is isomers, not homologs).
**50-32-222(11) Dangerous drug analogues** — "Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 50-32-101 as a dangerous drug analogue."
— same URL.
**50-32-101(7)(a)** — "'Dangerous drug analogue' means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V."
— MCA 50-32-101(7)(a), https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0010/section_0010/0500-0320-0010-0010.html (official MCA 2025).
Mont. Code Ann. 50-32-222(11); 50-32-101(7) · Dangerous drug analogues folded into Schedule I; dangerous drug analogue definedOFFICIAL
Instrument
Dangerous drug analogues folded into Schedule I; dangerous drug analogue defined
Source
https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html
Retrieved
2026-07-20
Fingerprint
e7b1283b84356650
50-32-222(11) Dangerous drug analogues. Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 50-32-101 as a dangerous drug analogue.

50-32-101(7)(a) "Dangerous drug analogue" means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.

(b) The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.

Related

Amanita muscaria / Muscimol in neighboring states

Amanita muscaria / Muscimol in other states

Same framework in Montana

Other compounds in Montana

Cite this page

Compound Analytics. "Is Amanita muscaria / Muscimol Legal in Montana? (2026)." Compound Laws, https://compoundlaws.com/compounds/amanita-muscimol/montana/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

About · Methodology · Glossary · Changes · Data & API · llms.txt · Sitemap