Eureka man gets prison time for magic mushroom grow

A Eureka man convicted of operating a psilocybin mushroom grow operation in his home is headed to a Montana Department of Corrections facility following sentencing last week in Lincoln County District Court.

Zachary Luther Davis, 38, received a total of 15 years, with 10 suspended, June 30, from Judge Matt Cuffe. The terms will be served consecutively. 

Davis was found guilty May 7 of two felonies, criminal production and manufacture of dangerous drugs and criminal possession of dangerous drugs. He received credit for serving 37 days in the county jail.

Davis was taken into custody following the hearing.

Davis’ criminal history as well as testimony by his 74-year-old father, Dennis George Davis, played prominently in the hearing.

Davis has had multiple assault charges in Helena, multiple other felonies and a federal conviction in 2011 for being a felon in possession of a firearm. Montana State Prison records indicate Davis had two felony convictions for burglary and possession.

A 2011 press release from the U.S. Attorney’s Office reported Davis was convicted in 2005 of dealing methamphetamine and being the unlawful user of a controlled substance in possession of a firearm.

Davis’ dad, Dennis, testified about how he would likely be unable to live on his own without the aid of his son.

“I have many medical problems, I have Parkinson’s, issues with my balance and speech and I’ve fallen several times,” the elder Davis said. “He and his girlfriend cook for me and without Zach, I can’t function without him.”

Dennis said his wife is in a nursing home and his son has helped pay grocery and utility bills.

Davis’ attorney, Scott B. Johnson, sought a sentence with all time suspended. Davis had no statement before he was sentenced.

He faced a maximum term of 25 years in prison.

Court filings indicate the trial began May 6 with brief opening statements by public defender Scott B. Johnson and deputy county attorney Jeff Zwang.

Zwang’s case saw testimony by county sheriff’s office Sgt. Bo Pitman, Amber Trochta, a forensic chemist with the Montana State Crime Lab, and county deputy Clint Heintz.

Zwang rested his case at 3:30 p.m. and Johnson sought a directed verdict on the manufacturing charge. Zwang argued against, citing the evidence that was introduced. 

District Judge Matt Cuffe denied Johnson’s motion. The attorney then called Davis to testify. After about 35 minutes of testimony, the defense rested and the day’s proceedings ended.

May 7, jury members heard closing arguments before deliberating.

The case began when Davis was arrested at his home Oct. 9, 2024, on Therriault Creek Road by county deputy Bo Pitman. 

In the probable cause statement, Pitman wrote that law enforcement had information that Davis was growing psilocybin mushrooms. The officer got a warrant to search the property and found 18.7 grams of the illegal mushrooms.

Pitman said Davis allegedly admitted the mushrooms were psilocybin, also known as magic mushrooms. 

Pitman said he and other officers located what they believed to be a mushroom grow operation in the upstairs of the garage. They contacted the Northwest Drug Task Force and sent photos to it. Officials determined it was a cultivating/manufacturing operation.