Legal Question in Criminal Law in California

ephedra tea prosecution

Is it illegal to extract ephedrine from ephedra or ma huang tea? I know the content of ephedrine is so much less than the content of over the counter allergy pills, which are illegal to to this with, there was an article I read somewhere on line that the ''atorney general??'' or some authority figure said he would not prosecute this because the work involved in such a task was too much, and at this time ephedra tea is not controlled by the ?????? it's just a tea, that can be used in some instances as a precursor to methamphetamine making. please find anything you can on this subject, I have a family member who uses the pure ephedrine he was extracting from the tea in his vaporizer because his allergys are so severe, now he is in jail for manufacturing, I know you have heard this before, but even his atorney says this is a new one on him and could lead to a whole new chapter of the law, he is supposed to be looking into this matter

but I would like another outlook. thank you.


Asked on 3/01/01, 5:00 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: ephedra tea prosecution

Most illegal substances that are a product of a natural plant involve some processing. Normally there are then laws that make the plant illegal from which the illegal substance comes from.

However, I see no reason that the legal plant/substance, i.e., the tea can't stay legal, and the byproduct that may be extracted from the plant is illegal.

The reverse is true with psyllium. I've been told that the plant is illegal, but the husks from the plant are imported and used as a food supplement for hogs. And psyllium is sold in health food stores as a source of fiber.

Hemp is another example of a legal product coming from an illegal plant.

So I see no reason that taking a legal plant/product like the tea, and extracting a substance that is illegal can't be a crime.

Crimes are simply what the law declares to be a crime. It doesn't have to make logical sense. And the Doctrine of Unanticipated Consequences is as valid in crimes as in any other matter that occurs due to decision making.

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Answered on 4/25/01, 9:29 am


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