Salvia, Amanita and other botanical laws in West Virginia
Our search found no West Virginia law restricting the sale or shipping of salvia, Amanita muscaria, psilocybin spores and kanna. Federal rules still apply.
What we searched
- https://code.wvlegislature.gov/60A-2-204/ (W. Va. Code 60A-2-204 Schedule I: no salvia/salvinorin/spores/amanita)
- Amanita/muscimol: LAPPA "Amanita muscaria (Fly Agaric)" fact sheet, Mar. 2026 (https://legislativeanalysis.org/wp-content/uploads/2026/03/Fly-Agaric-Fact-Sheet.pdf): no state other than Louisiana regulates A. muscaria/muscimol as of Feb. 2026; web searches for 2026 enactments found none
- Psilocybin spores: LAPPA "Psilocybin: Summary of State Laws", Nov. 2025 (https://legislativeanalysis.org/wp-content/uploads/2025/11/Psilocybin-Summary-of-State-Laws.pdf): only CA, FL, GA, ID restrict spores
No restriction found.
Federal
Applies 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.
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. ... 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. ... 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.