Salvia, Amanita and other botanical laws in Louisiana

§989.5. Unlawful production, manufacturing, distribution, or possession of prohibited chemicals
A.(1) It shall be unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, preparation, or product intended for human consumption which contains beta-phenyl-GABA, muscimol, ibotenic acid, or any analogue thereof.
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B.(1) It shall be unlawful for any person to knowingly or intentionally possess a material, compound, mixture, preparation, or product intended for human consumption which contains beta-phenyl-GABA, muscimol, ibotenic acid, or any analogue thereof.
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Acts 2025, No. 154, §1.

§989.1. Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions
A.(1) It shall be unlawful for any person knowingly or intentionally to produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
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B.(1) It shall be unlawful for any person knowingly or intentionally to possess a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
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(2) "Hallucinogenic plant" means any part or portion of any of the following:
(a) Brugmansia arborea.
(b) Amanita muscaria.
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(e) Psilocybe spp.
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(dd) Salvia divinorum.
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(nn) Amanita pantherina.
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D. The provisions of this Section shall not apply to the possession, planting, cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
E. The provisions of this Section shall not apply to any dosage form which is legally obtainable from a retail establishment without a prescription and is recognized by the Federal Food and Drug Administration as a homeopathic drug.
F. The provisions of this Section shall not apply to any dosage form which is labeled as a dietary supplement and is manufactured in compliance with the requirements of sections 402(g)(2), 415, and 761 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2), 350d, and 379aa-1).

A.(1) It shall be unlawful for any person knowingly or intentionally to produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.
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(2) "Hallucinogenic plant" means any part or portion of any of the following:
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(m) Mesembryanthemum spp.
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F. The provisions of this Section shall not apply to any dosage form which is labeled as a dietary supplement and is manufactured in compliance with the requirements of sections 402(g)(2), 415, and 761 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2), 350d, and 379aa-1).

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.