Plants have long been fascinating, with some harboring potent properties that make them both alluring and dangerous. While many plants serve beneficial purposes, others contain narcotic compounds that have led to strict regulations. In the United States, the legal status of these plants can vary significantly depending on state and federal laws. Some are banned outright across the country, while others face restrictions in specific states or under certain conditions.
Opium Poppy (Papaver somniferum)
The opium poppy has been regulated in the U.S. since 1909 when laws prohibited its use outside of medicinal purposes. This was updated in 1914 to restrict opium manufacturing and smoking. In the 1920s, laws further banned crude opium imports for heroin production, imposed taxes on dealers, and established narcotic farms for rehabilitation. Subsequent decades focused on stricter penalties and international drug control efforts to curb narcotic use and trafficking.
Peyote (Lophophora williamsii)
Peyote is a small cactus containing mescaline, a powerful hallucinogen, and is classified as a controlled substance at both the state and federal levels. Under HS 11363, individuals who plant, cultivate, harvest, dry, or process any part of the peyote plant can face serious legal consequences, including imprisonment for up to one year in county jail or longer in state prison.
Coca Plant (Erythroxylum coca)
The coca plant is the primary source of cocaine, a powerful and addictive drug. In the U.S., the possession, importation, and cultivation of coca leaves are strictly prohibited due to their link to illegal drug manufacturing. Although coca leaves have been traditionally used for medicinal and cultural purposes in South America, its narcotic properties make it a regulated substance in the U.S.
Khat (Catha edulis)
Khat contains two psychoactive compounds, cathinone, and cathine, both structurally similar to amphetamine. Cathinone is classified as a Schedule I substance in the U.S. due to its high abuse potential, while cathine is a Schedule IV drug because it has medical uses but still poses a risk of dependency. Despite its legality in some regions, khat is banned in the U.S. due to its stimulant effects.
Salvia (Salvia divinorum)
Often referred to as “magic mint,” Salvia divinorum is known for its intense hallucinogenic effects and is banned in many states due to its dangerous side effects. In some areas, like Florida, it was once legal but is now prohibited. States like Missouri, Oklahoma, and Delaware have classified it as a Schedule I controlled substance. In Wisconsin, selling or manufacturing it can lead to fines of up to $10,000.
Ayahuasca Ingredients (Banisteriopsis caapi and Psychotria viridis)
Ayahuasca is traditionally brewed by boiling the stems of Banisteriopsis caapi, a tropical vine, with the leaves of Psychotria viridis. Banisteriopsis caapi contains harmine, an alkaloid that prevents the breakdown of DMT, the psychoactive compound found in Psychotria viridis. Used for centuries in South American spiritual practices, ayahuasca gained global attention in the late 20th century, attracting tourists to Peru. However, DMT remains illegal in many countries, including the U.S.
Kratom (Mitragyna speciosa)
Kratom, a tree native to Southeast Asia’s tropical region, is used by some to self-treat conditions like pain, anxiety, and opioid withdrawal. Despite its popularity, the FDA doesn’t approve products containing kratom or its active compounds, mitragynine, and 7-hydroxymitragynine. The FDA continues to warn against its use until more safety and efficacy data is available. In 2021, about 1.7 million Americans used kratom, though its legal status remains under scrutiny.
Datura (Datura stramonium)
Datura, or jimsonweed, has been used for centuries in medicine, magic, and even dark practices across ancient Greek, Roman, Hindu, and Aztec cultures. All species of Datura are highly toxic, particularly the seeds and flowers, which can cause severe symptoms like difficulty breathing, abnormal heart rhythms, delirium, hallucinations, psychosis, and even death when ingested. Due to its dangerous effects, states like Connecticut and Kansas have enacted laws to ban its cultivation and use.
Ephedra (Ephedra sinica)
Ephedra, also known as ma huang, contains ephedrine, a stimulant used in weight loss and energy products. Due to its potential for misuse in methamphetamine production, the FDA banned dietary supplements containing ephedrine alkaloids in 2004, citing significant health risks. Ephedra grows in arid regions and remains heavily regulated in the U.S. due to its addictive and dangerous properties.
Kava Kava (Piper methysticum)
Kava Kava, known for its calming effects, is legal for general consumption in the U.S. at the federal level. However, several states have imposed restrictions or outright bans due to potential health risks, particularly liver damage. States where it’s legal include Florida, Hawaii, and Texas, while places like Wisconsin have fully banned it. Other states, such as Colorado and New Jersey, have imposed varying levels of regulation.
Cannabis (Cannabis sativa)
Cannabis laws in the U.S. vary significantly by state. Some states permit it for medical use, while others allow medical and recreational consumption. Restrictions also exist on the types of products allowed, and definitions of eligible users differ by state. In some areas, penalties for small possession have been reduced, while other states still enforce strict bans.
Mandrake (Mandragora officinarum)
With its human-like roots, Mandrake has long been associated with folklore, including the myth that it screams when pulled from the ground. While the legends are exaggerated, the plant contains potent alkaloids like scopolamine and atropine, which are toxic in high doses. Historically used in witchcraft and potions, the mandrake remains a dangerous herb, and its cultivation is restricted in many areas due to its narcotic properties.