Entheogenic Herbs: Legal Regulations and Restrictions

Entheogenic Herbs: Legal Regulations and Restrictions

I am researching international legal regulations and restrictions with regards to some of the entheogenic herbs and plant materials I use in my flying ointments and other products. This focuses primarily on medicinal nightshades (Belladonna, Datura, Henbane, and European Mandrake Root), Fly Agaric (Amanita muscaria) mushrooms, and other herbs that have psychoactive properties such as Damiana, Klip Dagga, and others.

The Difference between Medicinal Products and those Sold as “Curio” Only.

Medicinal herbal or aromatherapy products are heavily regulated by the FDA whether or not they contain entheogenic herbs including medicinal nightshades. Metaphysical products are often labelled as “sold as curio only” meaning that it is sold as a “curiosity” in that it is something you could display in a curio cabinet and whatever you do with it is up to you. Therefore it is not a “medicinal” product or remedy meant to treat any particular illness or condition. Even as an aromatherapist and herbalist, there are numerous FDA on how we can sell out products, what we name them and what we claim their therapeutic benefit to be. When it comes to flying ointments and magical products of that nature, these can blur the line between curio and medicinal. Creating flying ointments for astral travel is NOT a medicinal product, creating a flying ointment product to treat sleep and pain issues is a medicinal product. Though to platforms like Etsy and Amazon, it can come across as selling a product that mimics a controlled substance.

United States Specific Regulations

Currently, all of these herbs and plants are unregulated and therefore legal in the United States. The only exception is that certain Datura species are regulated in Connecticut, Nevada, and Oklahoma as they are classified as a noxious weed, this I would imagine would pertain more towards selling and purchasing seeds to grow them as opposed to using them in flying ointments, flower essences, smoking blends, or elixirs. 

Fly Agaric (Amanita muscaria) and other amanita’s are legal to use, cultivate, buy, possess, and distribute.The only exception is that if they are sold for consumption that sellers must conform to U.S. FDA regulated herbal supplement laws. Louisiana is the only state where Fly Agaric mushrooms are illegal when intended for human consumption, but otherwise they are legal to purchase, use, cultivate or otherwise use.

Drug tests and herbs (United States only)

Some herbal products may result in false-positives for opiates such as consuming poppy seeds or foods containing hemp derivatives which can result in positive marijuana. Fly Agaric (Amanita muscaria) and even psilocybin mushrooms wont show up on standard or advanced drug tests and neither contain anything that could cause a false positive.

Standard drug tests look for cannabinoids, cocaine, amphetamines, opiates, and PCP (phencyclidine.) Advanced drug tests can look for barbiturates, hydrocodone, quaaludes, benzodiazepines, methadone, propoxyphene, MDMA, and alcohol. There is a non-standard drug test that tests for the tropane alkaloids of medicinal nightshades ONLY if poisoning is suspected. If you are concerned about this and live outside the United States, please look into your countries drug testing policies.

Canada Specific Regulations

Medicinal Nightshades are highly regulated when used in ointments, flower essences, smoking blends, and tinctures. They can legally be purchased and used if you schedule a private consultation with a herbalist for a custom medicinal product, however it is unclear if this applies to products sold in the “for curio only” for spiritual purposes such as my own flying ointments which are for spiritual expansion and not to treat any specific medical condition though that can be a fringe benefit of using them. However, Fly Agaric (Amanita muscaria) is not regulated or controlled in Canada.

Europe, United Kingdom, Ireland, and Iceland Restrictions

Medicinal Nightshades are unregulated in these countries with the exception of Germany where medicinal nightshades are heavily regulated and cannot legally be imported without a medical prescription.Again, this is specific to products intended for medicinal use and it is unclear whether or not this applies to products sold “as curio only.” Amanita muscaria grows naturally and is legal to grow, sell and consume in most parts of Europe. However, Fly Agaric (amanitas) are illegal to buy, sell, or possess in the Netherlands and possessing amounts larger than 0.5 grams dried or 5 grams of fresh mushrooms lead to a criminal charges. In the United Kingdom, it is illegal to produce, supply, or import this Amanita muscaria under the Psychoactive Substance Act.

Australia & New Zealand Regulations

Medicinal nightshades are heavily regulated and cannot be possessed or imported with a medical license or prescription. Again, this pertains to medicinal products and it is not clear if it pertains to “as curio only” products purchased for spiritual purposes. In Australia, the chemical compound muscimol that is present in Fly Agaric mushrooms (amanita muscaria) is considered a Schedule 9 prohibited substance and is prohibited by law unless it is required for medical or scientific research, or for analytical, teaching or training purposes with approval of Commonwealth and/or State or Territory Health Authorities.

Central America, South America, Middle East, Asia, and Africa Regulations

Herbal products and regulations can vary from country to country. I know that Damiana is illegal in Japan even if used in something like a perfume or incense blend. There are a lot of countries and it is often hard to find specific regulations. If you are not sure if something is legal or not in your country, please let me know and I will look into it or if you are aware of something as new laws and legislation pass all the time that things may change over time.

Etsy and Amazon: The Vague Restrictions of Certain Herbs and Plants and the Products that Contain them

Etsy currently prohibits the sale of the following substances: all illegal controlled substances, certain plants or herbs from which hallucinogenic substances or that are or have toxic properties, this does include medicinal nightshades and fly agaric mushrooms, and any products they deem to be presented as “drug-like substances.” Other herbs and plants fall into these categories as well. Henceforth, why they removed my flying ointments from the platform.

Amazon and Amazon Handmade also prohibits the sale of controlled substances or products containing controlled substances as well as certain types of plants and herbs like Jimsonweed (Datura stramonium), some products contain poppy derivatives, and similar to Etsy any products they deem to be presented as “drug-like substances.” They prohibit Fly Agaric (Amanita muscaria, and some other herbs they have deemed to classify as “synthetic cannabinoids” or those that mimic controlled substances like Damiana and Klip Dagga, and numerous other herbs and plants. On both platforms, they are loosely policed because you can often buy seeds for many of these “prohibited” items as well as dried herbs. I have had products removed from both for various reasons, some of which have been ludicrous, but I digress.

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