Salvia, Amanita and other botanical laws in Tennessee

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

Tennessee

BannedDo not ship salvia divinorum products to Tennessee: producing, distributing or possessing the active ingredient of salvia is an offense.

Tenn. Code Ann. § 39-17-438(a) (as amended by 2010 Pub. Ch. 922) · draft

Exact text

SECTION 1. Tennessee Code Annotated, Section 39-17-438, is amended by deleting subsection (a) in its entirety and by substituting instead the following:
(a) It is an offense to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the synthetic cannabinoids JWH-018, JWH-073, HU-210 and HU-211; provided however, the provisions of this subsection concerning the synthetic cannabinoids JWH-018, JWH-073, HU-210 and HU-211 shall not apply to drugs or subtances lawfully prescribed or to drugs or substances which have been approved by the federal Food and Drug Administration.
SECTION 2. This act shall take effect July 1, 2010, the public welfare requiring it.

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.