Is Salvia divinorum Legal in Montana? (2026)

Instrument

Criminal possession of toxic substance -- penalty

Source

https://mca.legmt.gov/bills/mca/title_0450/chapter_0090/part_0010/section_0210/0450-0090-0010-0210.html

Retrieved

2026-10-31

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45-9-121
. Criminal possession of toxic substance -- penalty.
 (1) A person commits the offense of criminal possession of a toxic substance if the person inhales or ingests or possesses with the purpose to inhale or ingest, for the purpose of altering the person’s mental or physical state, any substance with toxic effects that is not manufactured for human consumption or inhalation, including but not limited to glue, fingernail polish, paint and paint thinners, petroleum products, aerosol propellants, and chemical solvents.

                (2)	The provisions of subsection (1) do not apply to a bona fide institution of higher education conducting research with human volunteers pursuant to guidelines adopted by the institution or any federal or state agency.

                (3)	A person convicted under this section shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.

                (4)	The youth court has jurisdiction of any violation of subsection (1) by a person under 18 years of age.

History:
 En. Sec. 1, Ch. 482, L. 1983; amd. Sec. 1724, Ch. 56, L. 2009.

Instrument

Dangerous drug analogue (definition), Schedule I analogue listing, and criminal possession of dangerous drugs

Source

https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html

Retrieved

2026-11-06

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(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.

(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.

(1) Except as provided in Title 16, chapter 12, or
50-32-609
, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in
50-32-101
, [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12.

Instrument

Specific dangerous drugs included in Schedule I (hallucinogenic substances)

Source

https://mca.legmt.gov/bills/mca/title_0500/chapter_0320/part_0020/section_0220/0500-0320-0020-0220.html

Retrieved

2026-11-06

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(4)	Hallucinogenic substances. 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:

                (a)	alpha-ethyltryptamine, also known as etryptamine, monase, alpha-ethyl-1H-indole-3-ethanamine, 3-(2-aminobutyl) indole, alpha-ET, and AET;

                (b)	alpha-methyltryptamine, also known as AMT;

                (c)	4-bromo-2,5-dimethoxyamphetamine, also known as 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine, and 4-bromo-2,5-DMA;

                (d)	4-bromo-2,5-dimethoxyphenethylamine, also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl DOB, and 2C-B, Nexus;

                (e)	2,5-dimethoxyamphetamine, also known as 2,5-dimethoxy-alpha-methylphenethylamine and 2,5-DMA;

                (f)	2,5-dimethoxy-4-(N)-propylthiophenethylamine, also known as 2C-T-7;

                (g)	3,4-methylenedioxyamphetamine;

                (h)	2,5-dimethoxy-4-ethylamphetamine, also known as DOET;

                (i)	5-methoxy-N,N-diisopropyltryptamine, also known as 5-MeO-DIPT;

                (j)	5-methoxy-N,N-dimethyltryptamine, also known as 5-MeO-DMT;

                (k)	4-methoxyamphetamine, also known as 4-methoxy-alpha-methylphenethylamine;

                (l)	5-methoxy-3,4-methylenedioxyamphetamine;

                (m)	4-methyl-2,5-dimethoxyamphetamine, also known as 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine, DOM, and STP;

                (n)	3,4-methylenedioxymethamphetamine, also known as MDMA;

                (o)	3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, and MDEA;

                (p)	N-hydroxy-3,4-methylenedioxyamphetamine, also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and N-hydroxy MDA;

                (q)	3,4,5-trimethoxyamphetamine;

                (r)	bufotenine, also known as 3-(beta-dimethylaminoethyl)-5-hydroxyindole, 3-(2-dimethylaminoethyl)-5-indolol, N,N-dimethylserotonin, 5-hydroxy-N,N-dimethyltryptamine, and mappine;

                (s)	diethyltryptamine, also known as N,N-diethyltryptamine and DET;

                (t)	dimethyltryptamine, also known as DMT;

                (u)	hashish;

                (v)	ibogaine, also known as 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido[1', 2':1,2] azepine[5,4-b]indole and tabernanthe iboga;

                (w)	lysergic acid diethylamide, also known as LSD;

                (x)	marijuana;

                (y)	mescaline;

                (z)	parahexyl, also known as 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran and synhexyl;

                (aa)	peyote, meaning all parts of the plant presently classified botanically as lophophora williamsii lemaire, whether growing or not; the seed of the plant; any extract from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed, or extracts;

                (bb)	N-ethyl-3-piperidyl benzilate;

                (cc)	N-methyl-3-piperidyl benzilate;

                (dd)	psilocybin;

                (ee)	psilocyn, also known as psilocin;

                (ff)	tetrahydrocannabinols, neutral compounds, and their corresponding acids, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

                (i)	delta 9 (delta 1) cis or trans tetrahydrocannabinol and its optical isomers;

                (ii)	delta 8 (delta 6) cis or trans tetrahydrocannabinol and its optical isomers; and

                (iii)	delta 6a, 10a (delta 3,4) cis or trans tetrahydrocannabinol and its optical isomers.

                (gg)	ethylamine analog of phencyclidine, also known as N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, and PCE;

                (hh)	pyrrolidine analog of phencyclidine, also known as 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, and PHP;

                (ii)	thiophene analog of phencyclidine, also known as 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, and TCP;

                (jj)	1-[1-(2-thienyl)cyclohexyl]pyrrolidine, also known as TCPy;

                (kk)	synthetic cannabinoids, including:

                (i)	unless specifically excepted or listed in another schedule, any chemical compound chemically synthesized from or structurally similar to any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found in any of the following chemical groups, or any of those groups that contain synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation, including all synthetic cannabinoid chemical analogs in the following groups:

                (A)	naphthoylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent;

                (B)	naphthylmethylindoles, whether or not substituted in the indole ring to any extent or the naphthyl ring to any extent;

                (C)	naphthoylpyrroles, whether or not substituted in the pyrrole ring to any extent or the naphthyl ring to any extent;

                (D)	naphthylmethylindenes, whether or not substituted in the indene ring to any extent or the naphthyl ring to any extent;

                (E)	acetylindoles, whether or not substituted in the indole ring to any extent or the acetyl group to any extent;

                (F)	cyclohexylphenols, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent;

                (G)	dibenzopyrans, whether or not substituted in the cyclohexyl ring to any extent or the phenyl ring to any extent; and

                (H)	benzoylindoles, whether or not substituted in the indole ring to any extent or the phenyl ring to any extent;

                (ii)	any compound that has been demonstrated to have agonist binding activity at one or more cannabinoid receptors or is a chemical analog or isomer of a compound that has been demonstrated to have agonist binding activity at one or more cannabinoid receptors;

                (iii)	1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);

                (iv)	(6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);

                (v)	2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (also known as CP-47,497) and the dimethylhexyl, dimethyloctyl, and dimethylnonyl homologues of CP-47,497;

                (vi)	1-butyl-3-(1-naphthoyl)indole (also known as JWH-073);

                (vii)	1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);

                (viii)	1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250);

                (ix)	1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019);

                (x)	1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398);

                (xi)	JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl)indole, also known as 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone;

                (xii)	the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives:

                (A)	[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone (also known as WIN-55,212-2);

                (B)	3-dimethylheptyl-11-hydroxyhexahydrocannabinol (also known as HU-243); or

                (C)	[9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate;

                (ll)	Salvia divinorum, also known as salvinorin A (2S,4aR,6aR,7R,9S,10aS,10bR)-9-(acetyloxy)-2-(3-furanyl)dodecahydro-6a,10b-dimethyl-4,10-dioxo-2H-naphtho[2,1-c]pyran-7-carboxylic acid methyl ester;

                (mm)	substituted cathinones, including any compound, except bupropion or compounds listed in another schedule, in an administrative rule regulating controlled substances, or approved for use by the United States food and drug administration, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

                (i)	by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

                (ii)	by substitution at the 3-position with an alkyl substituent;

                (iii)	by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and

                (iv)	any lengthening of the propanone chain between carbons 1 and 2 to any extent with alkyl groups, whether further substituted or not;

                (nn)	substituted amphetamines, including any compound, except compounds listed in another schedule, in an administrative rule regulating controlled substances, or approved for use by the United States food and drug administration, that is structurally derived from 1-phenyl-2-aminopropane by modification in any of the following ways:

                (i)	by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;

                (ii)	by substitution at the 3-position with an alkyl substituent;

                (iii)	by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and

                (iv)	any lengthening of the propane chain between carbons 1 and 2 to any extent with alkyl groups, whether further substituted or not.