Yes, Sassafras (Sassafras albidum) is legal to possess and use in public spaces in Virginia, provided it complies with state and local regulations governing plant materials.
Sassafras, historically used in teas and root beer, remains unregulated under Virginia’s controlled substance laws. However, the Virginia Department of Agriculture and Consumer Services (VDACS) enforces restrictions on its sale as a consumable due to safrole content, a compound listed under FDA guidelines. Local jurisdictions, such as Arlington County, have recently amended public health ordinances to clarify that sassafras-based products sold in markets must adhere to FDA purity standards, effective January 2026. Public consumption in parks or streets is not prohibited unless municipal codes explicitly ban foraging or plant-based beverages.
Key Regulations for Sassafras in Virginia In Public
- FDA Compliance for Consumables: Sassafras bark or leaves sold as food or drink must meet FDA standards, which prohibit safrole concentrations exceeding 0.05% in finished products. Violations may trigger enforcement by VDACS or local health departments.
- Local Foraging Restrictions: Cities like Richmond and Alexandria prohibit the harvesting of sassafras from public lands without permits, aligning with municipal tree protection ordinances. Unauthorized removal may result in fines up to $500.
- Public Consumption Limits: While ingestion is not criminalized, public intoxication laws (Va. Code § 18.2-308) could apply if sassafras tea induces impairment. Law enforcement may intervene if consumption disrupts public order.