U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY
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Hyoscyamus niger is unscheduled in the United States, but it is also listed as a "poison" according to U.S.C. Title 21 Chapter 7. This designation as a poison means that most products made from henbane must either be labelled "for external use only"; or labelled as a "poison" and records kept about who it is sold to. The plant itself is legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription.
U.S. STATE LAW #
Effective Aug 8, 2005 (signed into law Jun 28, 2005) Louisiana Act No 159 makes 40 plants illegal, including Hyoscyamus niger, 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 #
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.