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2022 Montana Code Annotated / Title 27. Civil Liability, Remedies, and Limitations / Chapter 33. Montana Religious Freedom Restoration Act.

Part 1. General Provisions.

27-33-105. Free exercise of religion protected. (1) State action may not substantially burden a person’s right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person’s exercise of religion:

(a) is essential to further a compelling governmental interest; and (b) is the least restrictive means of furthering that compelling governmental interest.

(2) A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this part may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state of Montana or one of its political subdivisions is a party to the proceeding. The person asserting such a claim or defense may obtain appropriate relief, including relief against the state of Montana or its political subdivisions. Appropriate relief includes but is not limited to injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.

History: En. Sec. 5, Ch. 276, L. 2021.

(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:

(dd) psilocybin;

(ee) psilocyn;

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