U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY
Not Approved For
Neither Banisteriopsis caapi nor any other Banisteriopsis species are controlled species in the United States. This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. Likewise, the chemical constituents of the plant are also not scheduled, meaning that extractions and possession of the harmala alkaloids are legal. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.
U.S. STATE LAW #
Effective Aug 8, 2005 (signed into law Jun 28, 2005) Louisiana Act No 159 makes 40 plants illegal, including A. peregrina and A. colubrina, when intended for human consumption. The law specifically excludes the "possession, planting, cultivation, growing, or harvesting" of these plants if used "strictly for aesthetic, landscaping, or decorative purposes." (Text of HLS_05RS-52 and Update June 2005)
Tennessee did not pass the proposed bill that would have banned dozens of plants as "hallucinogenic" when intended for human consumption. Instead, they banned only Salvia divinorum. See Comments on New State Laws Controlling the Consumption of Hallucinogenic Plants.
If you have information about the legal status of this substance in any other U.S. state, please let us know.
INTERNATIONAL LAW #
B. caapi contains harmala alkaloids. The harmala alkaloids are listed in Australia's schedule 9 "prohibited substances", except in herbs containing less than 0.1 percent or in divided preparations containing 2 mg or less total harmala alkaloids per recommended daily dose for therapeutic use. See Australia's Poison Standard 2009. States in Australia may have additional regulations, e.g. Queensland lists harmaline and harmalol in "schedule 2: dangerous drugs" without any provision for low therapeutic doses: See Queensland's Drug Misuse Amendment Act 2008 (thanks z) (last updated Nov 22, 2009.)
As of May 3, 2005, France added Banisteriopsis caapi, Peganum harmala, Psychotria viridis, Diplopterys cabrerana, Mimosa hostilis, Banisteriopsis rusbyana, harmine, harmaline, tetrahydroharmine (THH), haroml, and harmalol to the list of controlled substances. See France Control Ayahuasca Plants and Chemicals. Earlier, in Jan 2005, a Paris court of appeals determined that Ayahuasca is not considered a preparation of DMT and is therefore not a controlled substance.
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.