Desmanthus illinoensis is not a controlled species in the United States. Live plants are bought and sold and are not generally considered illegal to possess. However, DMT, one of the chemicals contained in the plant, is Schedule I in the U.S. Practically, this means that if an extraction is done on DMT containing Desmanthus species (including D. illinoensis), the resulting DMT is illegal to possess. We are aware of only one case in which a business has been prosecuted for selling D. illinoensis because of its DMT content and that case is ongoing as of Feb 2010. See Bouncing Bear Botanicals Prosecution. We are unaware of any individual being prosecuted for possession of D. illinoensis.

Large scale (especially commercial) extraction of DMT from Desmanthus species falls into the realm of "clearly illegal" and would very likely be prosecuted. It is also quite possible that importation of DMT containing Desmanthus species into the United States could result in problems with customs, especially if large volumes are imported.