Transplant Garden — Rare and Curious Plants

The simple answer is yes, Sceletium Tortuosum (kanna) is legal in most states with the exception of Louisiana. It gets a bit messy in the Bayou State.

Sceletium Tortuosum is gaining traction as a plant people are interested in growing and using. Kanna can be found in some supplements, pre-workouts, and of course in isolated extracts.

In addition to products in which you can consume, kanna is an attractive plant to grow for some gardeners. The plant has beautiful diamond-encrusted skin, an interesting shape, and beautiful flowers.

Despite the Federal Government and most US states’ ambivalence towards this plant and its associated products, there is one state which has taken a hard line against so called hallucinogenic plants.

Ever since 2005, Louisiana has had a law on the books prohibiting about 40 potentially psychoactive plants. Including Amanita Muscaria (not a plant), nutmeg ( a common cooking ingredient), and the focus of this article: Sceletium Tortuosum.

Kanna is Illegal in Louisiana

Louisiana RS 40:989.1 – Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions

The bill details the different levels of plant ownership criminality.

B.(1) It shall be unlawful for any person knowingly or intentionally to possess a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.

(2) Any person who violates the provisions of this Subsection shall be sentenced to a term of imprisonment with or without hard labor for not more than five years and may, in addition, be sentenced to pay a fine of not more than five thousand dollars.

This section is explaining that if you have a plant that is on the prohibited plant list and harvest from said plant that you are in danger of up to 5 years in prison and or the forfeiture of up to 5000$. I find the passage about potentially being sentenced to hard labor to be particularly chilling.

The bill aims to punish distributors more severely, as detailed below:

A.(1) It shall be unlawful for any person knowingly or intentionally to produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.

(2) Whoever violates the provisions of this Subsection shall be sentenced to a term of imprisonment with or without hard labor for not less than two years nor more than ten years and may, in addition, be sentenced to pay a fine of not more than twenty thousand dollars.

Shown in this section of the law, if you were to have a kanna plant, harvest some foliage, and then give or sell that material to another, you could face up to 10 years incarceration and/or a 20,000$ fine.

Oddly enough, the bill seems to carve out an allowance for growing kanna and the other prohibited plants:

D. The provisions of this Section shall not apply to the possession, planting, cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.

According to this section of the law, you can grow Sceletium Tortuosum in a decorative only fashion. However, it could still be risky to choose to sell and own kanna plants in Louisiana when the penalties can be so absurdly high.

Hopefully you’ve learned a little bit of the situation around Kanna in the US, and particularly in Louisiana. Hopefully Louisiana gives up pointless prohibition of plants and the residents can freely grow the beautiful Sceletium Tortuosum.

Other topics you may be interested in:

Sources:

“2023 Louisiana Laws :: Revised Statutes :: Title 40 – Public Health and Safety :: §40:989.1. Unlawful Production, Manufacture, Distribution, or Possession of Hallucinogenic Plants; Exceptions.” Justia Law, 2023, law.justia.com/codes/louisiana/revised-statutes/title-40/rs-40-989-1/. Accessed 24 Nov. 2024.