Is Kanna Legal in Louisiana? What Act 159 and R.S. 40:989.1 Actually Say
Louisiana is the one state where we found a statute that names kanna's genus. Here is the text, the exception, and the questions it leaves open.
Is kanna legal in Louisiana? Louisiana is the only state where we found a statute that names the plant genus kanna belongs to, and the answer is not a simple yes or no. The law is La. R.S. 40:989.1, enacted by Act 159 of 2005. It lists "Mesembryanthemum spp." among hallucinogenic plants, and it contains an exception for dietary supplements. This post walks through the actual text, what it does and does not say, and what remains unclear. For the federal picture, see our hub guide, is kanna legal.
Louisiana R.S. 40:989.1 lists Mesembryanthemum spp. as a hallucinogenic plant and makes it a crime to make, sell or possess preparations for human consumption containing one [1]. Kanna (Sceletium tortuosum) is a synonym of Mesembryanthemum tortuosum in plant databases [5][6], but the statute never names kanna or Sceletium. A dietary supplement exception applies to some products [1][3].
Not legal advice. Laws change. Last checked October 29, 2026. We are a publisher, not attorneys. We read the statute text on the Louisiana Legislature's website and the enrolled acts listed below. We did not find any court decision, Attorney General opinion or agency guidance on kanna, and that search was not exhaustive. If you buy, sell, ship or possess kanna in Louisiana, ask a Louisiana attorney.
What does Louisiana R.S. 40:989.1 say?
It makes it a felony to make, distribute or possess certain plant preparations meant for human consumption. We read the current text on the Louisiana Legislature's website [1]. The key points:
- The offense. It is unlawful to knowingly or intentionally produce, manufacture, distribute, or possess with intent to do so, "a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant." The penalty is 2 to 10 years, with or without hard labor, and a fine of up to $20,000 [1].
- Simple possession. Knowingly possessing such a preparation is a separate offense, with up to 5 years and a fine of up to $5,000 [1].
- The list. "Hallucinogenic plant" means "any part or portion" of the plants listed in subsection C(2). Item (m) is "Mesembryanthemum spp." The same list also includes Psilocybe spp., Datura spp. and Tabernanthe iboga [1].
- Exceptions. The section does not apply to plants kept strictly for aesthetic, landscaping or decorative purposes (D), to FDA-recognized homeopathic dosage forms sold without a prescription (E), or to a dosage form labeled as a dietary supplement and made in compliance with three federal requirements (F) [1].
- History line. The page shows Acts 2005, No. 159; Acts 2015, No. 373; Acts 2018, No. 206; and Acts 2023, No. 201 [1].
The word "spp." is short for "species" in the plural. Listing a genus with "spp." covers the species in that genus, rather than one named species.
What is Louisiana Act 159?
Act 159 of the 2005 Regular Session is the law that created R.S. 40:989.1. It was House Bill 20, authored by Representative Strain, and its title says it was meant "to create the crime of the unlawful production, manufacture, distribution, or possession of a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant" [2]. We read the enrolled act. Mesembryanthemum spp. was already item (m) on the original list in the enrolled text [2].
Two later changes matter for kanna products:
- Act 373 of 2015 (House Bill 72) added the dietary supplement exception, subsection F. Its résumé digest says it "creates exceptions to the crimes of unlawful production, manufacturing, distribution, or possession of prohibited and hallucinogenic plant products for dietary supplements," effective July 1, 2015 [3][4].
- Acts 2018 No. 206 and Acts 2023 No. 201 appear in the history line. We did not read those acts, so we cannot say what they changed [1].
You may see Act 159 described online as a ban on kanna. The act itself never mentions kanna. It lists plants by botanical name, as the next section explains.
Does the Louisiana law cover kanna?
Possibly, but the statute does not say so, and we found no official ruling that settles it. The statute lists the genus Mesembryanthemum. It does not list Sceletium or kanna [1]. Whether it reaches Sceletium tortuosum comes down to botanical naming:
- The Global Biodiversity Information Facility (GBIF) backbone lists Mesembryanthemum tortuosum L. as the accepted name and Sceletium tortuosum (L.) N.E.Br. as a synonym, both in the family Aizoaceae [5].
- A 2021 review in Current Neuropharmacology writes the plant as "Mesembryanthemum tortuosum L. [syn. Sceletium tortuosum (L.) N.E.Br.]" [6].
So under the naming those two sources use, kanna sits inside the genus the statute lists. Under the older convention, still common on product labels, it sits in the separate genus Sceletium. A criminal statute that lists plants by name could be read narrowly, as covering only what its words say, or broadly, as covering anything the botanical record treats as the same plant. We did not find a Louisiana court or agency that has decided which reading applies to kanna. Anyone who tells you the answer is settled in either direction is going beyond what the public record shows.
Also note the scope. The offense is limited to preparations "intended for human consumption." The garden exception covers growing the plant strictly for decoration [1]. Other plants in the Mesembryanthemum genus are sold as ornamental ground covers, which is what that exception is aimed at. We did not research other species.
Is there an exception for dietary supplements?
Yes, with conditions. Subsection F says the section does not apply "to any dosage form which is labeled as a dietary supplement and is manufactured in compliance with the requirements of sections 402(g)(2), 415, and 761 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2), 350d, and 379aa-1)" [1]. We checked what those federal sections are:
| FDCA section | U.S. Code | Subject |
|---|---|---|
| 402(g)(2) | 21 U.S.C. 342(g)(2) | Authority for good manufacturing practice regulations for dietary supplements [7] |
| 415 | 21 U.S.C. 350d | Registration of food facilities [8] |
| 761 | 21 U.S.C. 379aa-1 | Serious adverse event reporting for dietary supplements [9] |
In plain terms, the exception is for products that are labeled as dietary supplements and made by a registered facility following the supplement manufacturing rules and adverse event reporting rules. Whether a particular maker meets those requirements is a factual question about that maker, and we did not verify it for any brand.
What about kanna drinks?
The statute does not say. The exception speaks of a "dosage form" that is "labeled as a dietary supplement" [1]. Federal law defines a dietary supplement as a product that, among other things, "is not represented for use as a conventional food or as a sole item of a meal or the diet" and "is labeled as a dietary supplement" [10]. Capsules and powders fit that picture easily. Whether a canned beverage qualifies depends on how it is labeled and positioned, and the Louisiana statute does not define "dosage form." We found no Louisiana guidance on beverages.
That is why we do not call any kanna product "legal in Louisiana" or "illegal in Louisiana." For how capsules and drinks differ in labeling, see kanna drinks vs capsules. For other states, see is kanna legal in my state.
Is kanna in the other Louisiana plant law, R.S. 40:989.2?
No. Some vendor pages cite 40:989.2 for kanna. We read that section on the Louisiana Legislature's site and its "prohibited plant" list names thirteen entries, including Artemisia vulgaris, Salvia divinorum, Nymphaea caerulea (blue lotus) and Turnera diffusa (damiana) [11]. It does not contain Mesembryanthemum, Sceletium or kanna. The Mesembryanthemum entry is in 40:989.1, not 989.2 [1][11]. The two sections also differ: 989.2 applies to preparations meant to be placed in the mouth or nose, smoked or burned, and its possession penalty is lower [11].
What could we not verify?
- How Louisiana courts or regulators read Sceletium tortuosum under the "Mesembryanthemum spp." entry. We found none.
- Whether any seller or buyer has been investigated or charged over kanna in Louisiana. We found no reports from official sources. Vendor blogs warn of risk but cite no cases.
- What the 2018 and 2023 amendments changed.
- Whether any particular kanna drink or capsule meets the three federal requirements in subsection F.
- Local rules, such as parish ordinances, and rules that apply to retailers or shippers.
The statute also does not say anything about safety. Legal status and safety are separate questions: kanna has a small human research base and possible interactions with serotonergic medicines, covered in is kanna safe.
What should a Louisiana buyer or seller do?
Treat the question as open and get advice before acting. Read the current text of R.S. 40:989.1 yourself, since the Legislature updates it. Ask whether the product is labeled as a dietary supplement. If you sell or ship, talk to a Louisiana attorney. For the federal and general picture, return to is kanna legal.
Disclosure: kannadrinks.com is published by Psilly Goose, maker of Silly, which contains kanna extract. We therefore have a commercial interest in kanna being legal, which is why this page quotes the statute and says where the answer is unsettled.
Not legal advice. Last checked October 29, 2026. These statements have not been evaluated by the FDA. Kanna products are not intended for any disease or health condition.
References
- Louisiana State Legislature. La. R.S. 40:989.1, Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions. legis.la.gov
- Louisiana State Legislature. Act No. 159, House Bill No. 20, 2005 Regular Session (enrolled). legis.la.gov
- Louisiana State Legislature. Act No. 373, House Bill No. 72, 2015 Regular Session (enrolled). legis.la.gov
- Louisiana State Legislature. Résumé digest, Act 373 (HB 72), 2015 Regular Session. legis.la.gov
- Global Biodiversity Information Facility. Species match: Sceletium tortuosum (L.) N.E.Br., synonym of Mesembryanthemum tortuosum L. (accepted). api.gbif.org
- Brendler T, et al. Sceletium for managing anxiety, depression and cognitive impairment: a traditional herbal medicine in modern-day regulatory systems. Curr Neuropharmacol 2021;19(9):1384-1400. PubMed
- 21 U.S.C. 342, Adulterated food, subsection (g) Dietary supplement: manufacturing practices. law.cornell.edu
- 21 U.S.C. 350d, Registration of food facilities. law.cornell.edu
- 21 U.S.C. 379aa-1, Serious adverse event reporting for dietary supplements. law.cornell.edu
- 21 U.S.C. 321(ff), definition of "dietary supplement." law.cornell.edu
- Louisiana State Legislature. La. R.S. 40:989.2, prohibited plant products. legis.la.gov
Frequently asked questions
Is kanna legal in Louisiana?
It is unsettled. La. R.S. 40:989.1 lists "Mesembryanthemum spp." as a hallucinogenic plant [1], and plant databases list kanna (Sceletium tortuosum) as a synonym of Mesembryanthemum tortuosum [5][6]. The statute also exempts dosage forms labeled as dietary supplements and made in compliance with three federal rules [1][3]. Whether a given product qualifies is a legal question. This is not legal advice.
What is Louisiana Act 159?
Act 159 of the 2005 Regular Session (House Bill 20) created R.S. 40:989.1, the crime of producing, distributing or possessing a preparation intended for human consumption that contains a listed hallucinogenic plant [2]. Mesembryanthemum spp. was on the original list [2].
Does the Louisiana law say Sceletium or kanna?
No. The statute names the genus Mesembryanthemum and does not mention Sceletium or kanna [1]. Whether it reaches Sceletium tortuosum depends on reading the botanical synonymy into the statute, which we found no Louisiana court or agency ruling on.
What are the penalties?
Under the current text, producing, manufacturing or distributing, or possessing with intent to do so, carries 2 to 10 years and a fine of up to $20,000. Simple possession of a covered preparation intended for human consumption carries up to 5 years and a fine of up to $5,000 [1].
Is there an exception for supplements?
Yes. Subsection F exempts any dosage form labeled as a dietary supplement and manufactured in compliance with sections 402(g)(2), 415 and 761 of the federal Food, Drug, and Cosmetic Act. It was added by Act 373 of 2015 [1][3]. Whether a beverage counts as a "dosage form" is not defined in the statute.
Can I ship kanna to Louisiana?
We cannot answer that. Some sellers choose not to ship there. Whether shipping is lawful depends on the product and on how the statute is read, so ask a Louisiana attorney. See also our state-by-state page.