Salvia, Amanita and other botanical laws in California

We list 2 California rules on salvia, Amanita muscaria, psilocybin spores and kanna; 1 is a ban.

California

18+Salvia divinorum / salvinorin A products may be sold into California only to buyers 18 or older.

Exact text

Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person who is less than 18 years of age, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

BannedDo not sell or ship psilocybin mushroom spores, spore syringes/prints or mycelium (grow kits for Psilocybe) into California.

Cal. Health & Safety Code § 11391 · draft

Exact text

Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
For purposes of this section, “transport” means to transport for sale.

Federal

These apply in every state.

BannedDo not sell Amanita muscaria / muscimol products made as conventional food (gummies, chocolate, drinks, edibles) anywhere in the US: FDA says these ingredients are unapproved food additives, so the food is adulterated.

FDA Constituent Update, Dec. 18, 2024 (21 U.S.C. 342(a)(2)(C), 348; not-GRAS determination) · draft

Exact text

Today, the U.S. Food and Drug Administration (FDA) issued a letter to food manufacturers that Amanita muscaria ( A. muscaria ), its extracts, and certain of its constituents (muscimol, ibotenic acid, and muscarine) are not authorized for use as ingredients in conventional food. A. muscaria and its constituents have been used in foods intended to have hallucinogenic effects, sometimes marketed as “psychedelic edibles”, “legal psychedelics” or “mushroom edibles”. After reviewing the available information about A. muscaria and its constituents, the FDA concluded that they do not meet the safety standard for use in food and that their use as food ingredients may be harmful.
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The FDA determined that the use of this ingredient and its constituents do not meet the Generally Recognized As Safe (or GRAS) standard and that they are unapproved food additives.
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As part of a broader assessment of these ingredients in the food supply, the FDA is also evaluating the use of these ingredients in dietary supplements.