Salvia, Amanita and other botanical laws in South Dakota

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

South Dakota

BannedDo not ship salvia divinorum or salvinorin A products to South Dakota: possessing any amount is a crime.

Exact text

No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A.
Source: SL 2009, ch 119, § 1, eff. Mar. 10, 2009.

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.