Salvia, Amanita and other botanical laws in Montana

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

Montana

BannedDo not ship salvia divinorum or salvinorin A products to Montana: salvia is a Schedule I controlled substance there.

MCA 50-32-222(4)(ll) · draft

Exact text

50-32-222 . Specific dangerous drugs included in Schedule I.
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(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
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(ll) Salvia divinorum, also known as salvinorin A (2S,4aR,6aR,7R,9S,10aS,10bR)-9-(acetyloxy)-2-(3-furanyl)dodecahydro-6a,10b-dimethyl-4,10-dioxo-2H-naphtho[2,1-c]pyran-7-carboxylic acid methyl ester;

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.