On June 28, 2005 Governor Kathleen Babineaux Blanco signed into law House Bill 20. The new law, called Act No. 159, goes into effect on August 15, 2005. Beginning on that date, it will be illegal to possess, manufacture, or distribute Salvia divinorum in Louisiana. The law applies to the plant material itself, as well as mixtures that contain it and preparations made from it. The penalty for possession is imprisonment with or without hard labor for not more than 5 years and, in addition, a possible fine of up to $5,000. The penalty for manufacture or distribution is imprisonment with or without hard labor for not less than 2 years nor more than 10 years and, in addition, a possible fine of up to $20,000.
The new law applies to numerous “hallucinogenic” plants and fungi, not just Salvia divinorum. The law only applies when the material is intended for human consumption. It does not apply to the possession, planting, cultivation, growing, or harvesting of a hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.