Ephedra sinica is not specifically a controlled species in the United States. Live plants and seeds are bought and sold and are clearly legal in the US. Ephedra contains a racemic mixture of ephedrine (pseudoephedrine and ephedrine). Ephedrine is controlled for sale in many countries and states because it is a stimulant.

In December 2003, the US FDA, after a previous failed attempt, announced its intention to ban supplement products containing ephedra and its extracts. The final rule took effect on April 12, 2004 [Federal Register 69(28)]. This action followed several years of the FDA's work to ban ephedrine-containing supplements. The FDA cited health problems, including some deaths, as the primary reason for the ban on this category of supplements. There is speculation that the increased scrutiny on ephedrine is also related to the War on Drugs effort to reduce availability of methamphetamine precursors. The restriction only applies to preparations sold for human use and does not apply to whole plants or other non-ingestion uses.

In April 2005, a federal judge ordered the FDA to reconsider its ban of ephedra-containing products. However, in August 2006 the U.S. Tenth Circuit Court of Appeals overruled the lower judge and reinstated the FDA's ban on the sale of all ephedra-containing products for human consumption.

• FDA's Statement about Tenth Circuit Ruling - Aug 21 2006
• Stephen Barrett's summary of this ruling - Aug 2006
• Federal Judge Strikes Down Ephedra Ban - AP, Apr 14, 2005
• FDA Announces Plan to Prohibit Ephedra Supplements - Dec 30 2003