Salvia, Amanita and other botanical laws in Indiana

We track 1 Indiana rule on salvia, Amanita muscaria, psilocybin spores and kanna; 1 is a ban.

Indiana

BannedDo not ship salvia divinorum or salvinorin A products to Indiana: delivering salvia is a crime (dealing in salvia).

IC 35-48-4-10; IC 35-31.5-2-281 · draft

Exact text

IC 35-31.5-2-281 "Salvia" Sec. 281. (a) "Salvia" means salvia divinorum or salvinorin A, including: (1) all parts of the plant that are classified botanically as salvia divinorum, whether growing or not; (2) the seeds of the plant; (3) any extract from any part of the plant; and (4) every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or extracts,
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IC 35-48-4-10 Dealing in marijuana, hash oil, hashish, or salvia Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; marijuana, hash oil, hashish, or salvia, pure or adulterated; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; marijuana, hash oil, hashish, or salvia, pure or adulterated; commits dealing in marijuana, hash oil, hashish, or salvia, a Class A misdemeanor, except as provided in subsections (b) through (d).

Federal

Applies nationwide.

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.