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Datura
Legal Status
by Erowid
U.S. FEDERAL LAW #
Caution :   All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY
Datura spp.
REGULATED
No
STATUS
Not Approved For
Human Consumption
SCHEDULE
Un-Scheduled
The Datura plant is uncontrolled 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. 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 #
Connecticut #
49. "Restricted drugs or substances" are the following substances without limitation and for all purposes: Datura stramonium; hyoscyamus niger; atropa belladonna, or the alkaloids atropine; hyoscyamine; belladonnine; apatropine; or any mixture of these alkaloids such as daturine, or the synthetic homatropine or any salts of these alkaloids, except that any drug or preparation containing any of the above-mentioned substances which is permitted by federal food and drug laws to be sold or dispensed without a prescription or written order shall not be a controlled substance; Chapter 420b Connecticut Statutes
Kansas #
On April 24, 2008 Kansas SB 481 was signed into law, adding Datura stramonium to the state's list of Schedule I controlled substances. The law restricts "all parts of the plant presently classified botanically as datura stramonium, whether growing or not..." and "any extract from any part of such plant, and every compound, manufacture, salts, isomers and salts of isomers [of the plant]...". (see text of bill)
Louisiana #
Effective Aug 8, 2005 (signed into law Jun 28, 2005) Louisiana Act No 159 makes 40 plants illegal, including Datura spp., 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)
Nevada #
The state of Nevada lists as Schedule I "All parts of the plant presently classified botanically as Datura, whether growing or not, the seeds thereof, any extract from any part of such plant or plants, and every compound, manufacture, salt derivative, mixture or preparation of such plant or plants, its seeds or extracts, unless substances consistent with those found in such plants are present in formulations that the Food and Drug Administration of the Department of Health and Human Services has approved for distribution." [Nevada Legislature website]
New Jersey #
It appears that in New Jersey there is a public health law specifically regarding Datura stramonium which states that immediately upon notification of the existence of "wild, cultivated or hidden growth" of D. stramonium (this is the only variety named) the health department will dispatch an officer to destroy the plants. As far as we can tell, nowhere does it state that it is illegal to grow D. stramonium...only that it is the duty of the department of health to destroy it if they learn of its existence. New Jersey Statutes. 2A:170-77.8 (1997).
Oklahoma #
In response to an event earlier in 2004 where some youths were given datura tea by an adult, the Oklahoma legislature has passed a law to add "naturally occurring" to the definition of "synthetic controlled substance". This is believed to allow them to control datura when used "as a drug" in the style of the more inclusive analog-type laws: "a substance, whether synthetic or naturally occurring, that is not a controlled dangerous substance, but which produces a like or similar physiological or psychological effect on the human central nervous system that currently has no accepted medical use in treatment in the United States and has a potential for abuse." Perhaps natural will soon be redefined to include artificial, completing the circle. See DRCNet's notes on this, Oklahoma Statute.
Tennessee #
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.

Further, there is some confusion about Tennessee law. Tennessee codes include as a Class A misdemeanor "offense for a person to deliver, sell, or possess the seed of the Gentiana lutea [sic] plant, also known as jimsonweed, on the premises or grounds of any school, grades kindergarten (K) through twelve (12)." It is unclear how to read this as jimson weed very commonly refers to datura species and gentiana lutea is a real plant that has its own history of medical and psychoactive effects. However, many plants share common names and it is reasponable to assumed that TN law controls Gentiana lutea and not Datura species. Tennessee Code Annotated. 39-17-426 (1997).
If you have information about the legal status of this substance in any other U.S. state, please let us know.

INTERNATIONAL LAW #
Australia #
We have been told that ote from AM : "Datura Stramonnium is listed as a schedule 1 poison Nationally. In N.S.W. Plants containing less than 0.25% alkaloids by weight are a schedule 2 Medicinal poison and must be prescribed by a medical proffesional, the exception in this case being for smoking preparations." (unconfirmed) (thanks AM)
Brazil #
Datura suaveolens is controlled in Brazil. Other datura species are not listed.
Bulgaria #
We have been told that growing or possessing datura is not prohibited under current law, though its use is uncommon. (unconfirmed) (thanks VB)
Canada #
Neither datura nor scopolamine are scheduled substances in Canada.
India #
Although we do not have information about the official status of datura in India, it has been reported to us that datura is commonly given in offerings to Lord Shiva and is sold near temples. It also grows wild in many areas. (unconfirmed) (thanks j) (last updated Dec 4 2012)
Norway #
In Norway the Datura (Jimsworht) plant is not on the list of narcotics. It is legal to buy and grow, but not to import the plant by mail. (unconfirmed) (thanks S,AB) (last updated May 14, 2009)
U.K. #
Datura is legal to grow and possess in the U.K.
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.