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Salvia divinorum
Legal Status
by Erowid
Caution :   All legal information should be verified through other sources. [see below]
Salvia divinorum
Not Approved For
Human Consumption
Salvia divinorum is uncontrolled in the United States by federal law, but is controlled in some states (see state law). This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.

The federal analog act generally requires that, in order to qualify as an analog, a substance must be chemically similar to a substance which is federally scheduled. Salvinorin A is chemically quite different from other scheduled substances and Salvia divinorum, as a plant, is quite unlikely to be targeted by this act.

Selling Salvia divinorum for human consumption as a "drug" is probably illegal in the US under the Food, Drug & Cosmetics Act and its sale as a drug would be regulated by the FDA. Selling an unapproved drug in the US can be prosecuted under the FD&C's "misbranding" clause. (FD&C Section 502) The more it is packaged and marketed as a drug (for example a 10x extract hyped as 'the new ecstasy') the more likely it is to be treated as an "illegal drug" by law enforcement agents.

The US Air Force is considering whether to include Salvia divinorum in the list of banned drugs. See Plant could get airmen in legal hot water, Jan 2004.

Update (June 2007): Between November 2006 and May 15, 2007, legislation was introduced to ban possession or sale of Salvia divinorum in fourteen additional states. See Salvia divinorum Law Update

Update (July 2007): Daniel Siebert reports that the DEA has initiated an Eight Factor Analysis of S. divinorum, which is the first step in the process of recommending a substance be scheduled (See Sage Wisdom Legal) although other sources say this is not the case.

US Federal Analogue Act
Under the Federal Analogue Act, Salvia divinorum fails to meet the "chemically similar" criteria and thus is not subject to the analogue act provisions. However, the DEA has recently changed their view on this and now states:
"Salvia divinorum, Salvinorin A, and Divinorin A are not listed in the Controlled Substances Act. If sold for human consumption, S. divinorum may be subject to control under the Analogue statutes because of its functional pharmacological similarities to other CI hallucinogens like THC."
-- from DEA Diversion Salvia divinorum Page - Feb 2002
However the DEA's analysis is completely flawed. The Federal Analogue Act, as currently understood requires that a substance be "chemically similar" to a controlled substance not "pharmacologically similar" as the DEA suggests in their quote. Very little is known about the pharmacology of Salvia divinorum and there is still much unknown about the pharmacology of THC. Saying the two are 'pharmacologically similar' might satisfy the paragraph II of the Analogue Act test, but its also just wrong. Perhaps the DEA has performed human pharamcology studies on salvinorin that they are keeping secret, but most likely the authors of this article are just trying to use their position to further extend the reach of their power well beyond the scope of the law.

Salvinorin is not a chemical analog of any scheduled substance.

Federal Analogue Act of 1986
California Analog Act of 1988
U.S. Army #
The U.S. Army Regulation 600-85, Army Substance Abuse Program specifically disallows the use of Salvia divinorum by name. See (thanks jh) (last updated Nov 28 2012)
U.S. Navy #
We have been told that Salvia divinorum is now on the list of banned substances for the U.S. Navy but is not tested for in drug tests. Those found in possession or using it will be charged under UCMJ Article 92 "Failure to Obey Order or Regulation". (unconfirmed)
The Navy Awareness Training on Salvia Divinorum, Feb 2004 (orig) states that sailors may be disciplined under SECNAVINST 5300.28C and OPNAVINST 5350.4C as general prohibitions against the "illicit" use of intoxicants. These reportedly do not apply to religious / spiritual use, although we do not know the details of these exemptions. (thanks DN)
U.S. Marines #
According to Marine Corps News, the use of Salvia divinorum for "intoxication, excitement, or stupefaction" is prohibited under the same rules as those for the Navy.
U.S. Air Force #
According to Army Times, an Air Force spokesperson stated that "the Air Force has no official policy on" Salvia divinorum. Officials at Hill and Malmstrom Air Force Bases have banned the use of S. divinorum.
Alabama #
Schedule I. HB697 - Enacted July 17, 2010. Salvinorin A is misspelled as Salvinorum A. (last updated Mar 31, 2013)
Alaska #
SB 38 from 2007 did not pass. Senate Bill (SB) 52 would add Salvia divinorum to Schedule IIA. See (last updated Feb 26, 2009) (thanks S)
Arkansas #
Schedule I, as of March 2011. SB423. (last updated March 31, 2013)
California #
Effective Jan 1 2009, sale of Salvia divinorum or salvinorin A to anyone under the age of 18 will be a misdemeanor, punishable by imprisonment of up to 6 months or a $1,000 fine (see AB 259 history, text of law).
California Analog Act
Under the strict California Analog Act, Salvia divinorum could potentially be prosecuted if it is sold for human consumption as a psychoactive drug. It is unclear if the 2009 law removes this possible route for prosecution.

Colorado #
In June 2011, Colorado added Salvia divinorum (including salvinorin A) to its definition of "controlled substance". And made possession a class 2 misdemeanor. See states_co_2011_06_cannabinoid_salvinorin_control.pdf. (thanks k) (last updated Mar 31 2013)
Connecticut #
Effective July 1 2011, Connecticut banned "Salvia divinorum; and Salvinorum A [sic]". See (thanks k) (last updated Jul 12 2011)
Delaware #
SB259 ("Brett's Law") was signed on May 2, 2006, adding Salvia divinorum to schedule I of the Delaware state controlled substances law. Reference. Salvinorin A is not covered by the law. (thanks L)
Florida #
Effective July 1, 2008, Salvia divinorum and salvinorin A have been added to Florida's list of Schedule I controlled substances, making them illegal to possess, buy, or sell. The law exempts from control any drug product containing Salvia divinorum or salvinorin A that has been approved by the FDA. (see text of bill).
Georgia #
A law signed on June 3, 2010, adds Salvinorin A to the list of "dangerous drugs" and adds Salvia divinorum to a list of banned drugs, with an exception for ornamental plantings: "(4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes;". See (thanks t) (last updated June 17 2010)
Illinois #
Effective Jan 1, 2008, Salvia divinorum (including any plant part, extraction, or preperation) is included in the Illinois Controlled Substances Act list of Schedule I substances, making it illegal to possess or sell. (text of law) (Illinois Controlled Substances Act) News: New Year, New Laws, Dec 25 2007 Chicago Tribune.
Indiana #
Effective July 1, 2011 Salvia divinorum is a controlled substance in Indiana. The law includes "all parts of the plant", the seeds of the plant, "any extract", and Salvinorin A. (see"> (thanks K) (last updated June 6 2011)
Iowa #
Schedule I as of Aug 29, 2011. (last updated Mar 31, 2013)
Kansas #
On April 24, 2008 Kansas SB 481 was signed into law, adding Salvia divinorum to the state's list of Schedule I controlled substances, the most restrictive category. The law restricts "all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not..." and "any extract from any part of such plant, and every compound, manufacture, salts, isomers and salts of isomers [of the plant]...", which would presumably include salvinorin A. (see text of bill)
Kentucky #
Kentucky banned cannabinoid agaonists, piperazines and salvia divinorum on April 13, 2010, with the governor signing HB 265 2010. See KY HB265 (thanks mjj) (last updated May 18 2010)
Louisiana #
Effective Aug 8, 2005 (signed into law Jun 28, 2005) Louisiana Act No 159 makes 40 plants illegal, including S. divinorum, when intended for human consumption. The law specifically excludes the "possession, planting, cultivation, growing, or harvesting" of these plants if used "strictly for aesthetic, landscaping, or decorative purposes." (Text of HLS_05RS-52 (orig) and Update Jun 2005)
Maine #
On May 15, 2007 state bill LD 66 was signed into law, making it illegal for anyone under the age of 18 to purchase, possess, or use Salvia divinorum or salvinorin A. The original bill, which would have banned Salvia altogether, was rewritten after public hearings. (last updated Jun 1, 2007) (thanks M, S)
Maryland #
Currently a bill is underway to make Salvia divinorum Schedule I. (last updated Mar 31, 2013)
Massachusetts #
Several bills have failed to pass. (last updated Mar 31, 2013)
Michigan #
A law controlling Salvia divinorum and salvinorin A, adding them to Michigan's Schedule I list, was signed on Sep 30 2010 and took effect Oct 1 2010. 2009-2010 Public Act 0171. (thanks an) (last updated Oct 23 2010)
Minnesota #
A law passed on Jul 1, 2008 making possession a Gross misdemeanor. (last updated Mar 31, 2013)
Mississippi #
Effective July 1 2008, Salvia divinorum has been added to Mississippi's list of Schedule I controlled substances, making it illegal to buy, sell, or possess (see text of SB 2456, bill history). The law does not specifically mention salvinorin A. (thanks BH, SLL, A1)
Missouri #
On Aug 28, 2005 House Bill 633 was incorporated into 195.017 of Missouri's drug regulation statutes. S. divinorum and salvinorin A became Schedule I substances in that state. As far as Erowid knows, Missouri was the first state in the U.S. to schedule S. divinorum or its active chemical. Violation of this law is a felony. (thanks Q)
Nebraska #
Salvia and salvinorins were controlled in Nebraska in 2009. "(34) Salvia divinorum or Salvinorin A. Salvia divinorum or Salvinorin A includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, derivative, mixture, or preparation of such plant, its seeds, or its extracts, including salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation." See (thanks WMS) (last updated Feb 2011)
New Jersey #
Bill in 2008 to Schedule Salvia divinorum never passed completely. (last updated March 29, 2015)
New York #
Sales of Salvia divinorum are prohibited in New York as of April 2005. (last updated Mar 31, 2013)
North Carolina #
A law banning the manufacture, sale, delivery, or possession of Salvia divinorum and Salvinorin A was passed on Aug 28, 2009. The law takes effect on December 1, 2009. A violation of the law is punished as an infraction for the first two covictions (ticket-type crime with minimum $25 fine) and as a Class 3 misdemeanor after that. The law includes two exceptions by which one can legally possess, plant, cultivate, grow, or harvest S. divinorum, one for "medical or pharmacological research" and one for "aesthetic, landscaping, or decorative purposes". See SL2009-0538. (last updated aug 31 2009)
North Dakota #
Senate Bill 2317 was signed into law April 26, 2007, adding Salvia divinorum and salvinorin A to the state's list of Schedule I controlled substances. Reference: bill history. (thanks S)
Ohio #
As of Apr 1, 2009, Salvia divinorum is now controlled in Ohio. See and Independent Collegian. (thanks J) (last updated Apr 13, 2009)
Oklahoma #
Effective Nov 1 2008, Oklahoma's existing controls on salvia have been dramatically increased. Salvia and salvinorin A are listed in the state's Schedule I controlled substances (most restrictive, see OK Schedule I). Possession is now a felony offense punishable by up to 10 years in jail, and the distribution of salvia is punishable by 5 years to life in prison. (see article)
Oregon #
Not yet controlled in Oregon. (last updated Mar 31, 3013)
Pennsylvania #
Pennsylvania controlled Salvinorin A and Salvia Divinorum [sic, capital D] on June 23, 2011. See Senate Bill 1006, 2011, sponsored by Vogel (thanks dr) (last updated June 19, 2012)
South Dakota #
HB 1090 - Feb 24 2009 : An act to prohibit the possession of Salvia divinorum and make it a class 1 misdemeanor to possess up to two ounces of Salvia divinorum and a Class 6 felony to possess more than two ounces. This law is expected to pass and take effect in March, April, or May 2009. (last updated Feb 26, 2009) (thanks S)
South Carolina #
Bill to control Salvia divinorum and salvinorin never passed. (last updated March 29, 2015)
Tennessee #
Tennessee has made it a class A misdemeanor to "knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant Salvia divinorum A", along with the strangely-worded caveat that this prohibition does not apply to "the possession, planting, cultivation, growing, or harvesting of such hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes." Upon approval, SB3247 was designated TCA 39-17-452. The law took effect on Jul 1, 2006. See also: Ban on hallucinogenic passed by House (last updated May 2006) (thanks E and MG)
Texas #
After more than six years of unpassed bills, Salvia divinorum and Salvinorin A were added to the list of controlled substances in Texas in June 2013, effective Sep 1, 2013. The law seems to make an exception for "growing in its natural state", which is not clearly defined. See "Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.". (thanks jh) (last updated Sep 4, 2013)
Utah #
In 2007 House Bill 190 was introduced but did not pass. The bill would have added Salvia divinorum and salvinorin A to the state's list of controlled substances. Reference: Salt Lake Tribune, Oct 17 2007. (last updated Oct 2007)
Virginia #
Effective July 1, 2008, salvinorin A will be included in Virginia's list of Schedule I substances and will be illegal to buy, sell, or possess without a license. The law does not specifically mention Salvia divinorum, which will presumably be illegal by extension. (see text of HB21 and bill history). (thanks W)
Wisconsin #
Wisconsin banned manufacturing, distributing, or delivering salvinorin A (but not the raw plant Salvia divinorum). See : 2009 Wisconsin Act 141 for Salvinorin. It is possible that prepared extracts could be considered 'containers' of Salvinorin A, though since the law does not name the plant, the live or raw plant is likely not controlled under this statute. (thanks pz) (last updated July 31, 2012)
Wyoming #
Wyoming has banned Salvinorin A, adding it to Schedule I along with several synthetic cannabinoid agonist receptors. See (thanks S) (last updated Nov 6 2011)
If you have information about the legal status of this substance in any other U.S. state, please let us know.

Australia #
On Jun 1, 2002, Australia became the first country to ban the possession of Salvia divinorum. Salvia divinorum and salvinorin A are listed in Australia's strictest schedule, Schedule 9. Although there is some minor variation in state law, the federal controls take precedence. According to Shaman Australis (see Salvia Divinorum legal information), the live plants are also illegal, although there is a chance that seeds are not covered under the current law.

Belgium #
Salvia divinorum became controlled in Belgium on Oct 22, 2006 [EMCDDA reference]. Salvia divinorum and Khat were added to a list of "illegal products" in May 2006 as a correction to the previous law. See Modification de la réglementation sur les substances psychotropes. Previously, "Salvorin A" [sic] had been added to the list of controlled psychotropic substances on Oct 18, 2004. [Moniteur Belge/Belgisch Staatsblad]. However the name "Salvia divinorum" was not mentioned and the misspelling of the active compound provided legal confusion. (thanks TE, C)
Brazil #
In July 2012, an erowid visitor reported that Salvia diviorum and salvinorin A became controlled in Brazil by the ANVISA. (thanks t, el) (last updated Jul 19, 2012)
Bulgaria #
One visitor tells us that Salvia divinorum was outlawed in Bulgaria in November 2011 and prosecutions have occurred. (thanks b) (last updated May 22, 2013)
Chile #
Salvia divinorum and salvinorin A are controlled in Chile. See Decreto N¡867 DE 2007. (thanks Al from (last updated Oct 30, 2009)
Canada #
In 2015, Canada added Salvia divinorum to Canadian Schedule IV, which makes it illegal to manufacture or distribute, but not possess. See Thanks m) (last updated Feb 10, 2016)
Croatia #
We received a report that Salvia divinorum is illegal in Croatia "in all forms". (unconfirmed) (thanks HBS)
Cyprus #
Salvia divinorum does not appear to be controlled in Cyrpus. The Narcotic Drugs and Psychotropic Substances Law of 1977 does not list Salvia divinorum or salvinorin A in its schedules of controlled substances.
Denmark #
Salvia divinorum (and salvinorin) were added to category B of the controlled substances list on Aug 23, 2003. (text of law)
Estonia #
We have been told that "In Estonia one requires a doctor's prescription to use any substances/products containing salvinorin. This means that Salvia divinorum is banned in Estonia (import, cultivation...)." (unconfirmed) (thanks NFO)
Finland #
In August 2002, Finland passed laws against the importation of Salvia divinorum.
France #
Salvinorin A and Salvia divinorum were listed as poisonous substances in August 2010. See This makes it illegal to use or sell for human consumption, but legal to sell or possess for research. (thanks JF) (last updated Oct 30 2011)
Germany #
Effective March 1, 2008, Salvia divinorum was added to Appendix I of the Narcotics Act, making it illegal to produce, traffic, or possess (see Einundzwanzigste Verordnung zur Änderung betäubungsmittelrechtlicher Vorschriften). The law specifies "Salvia divinorum (plant and plant parts)", but does not mention salvinorin A. (thanks JL, Sia) (last updated May 6, 2008)
Hungary #
Neither Salvia divinorum nor salvinorin A are listed in Hungary's 2004 list of controlled narcotics (see Government Decree 142/2004). We have been told that Salvia divinorum is legal to buy and sell in Hungary. The plant can be bought in normal botanical shops, ones that sell HBW seeds, mescaline-containing cacti, and Kratom. However none are sold for human consumption. (thanks JS, INK)
Ireland #
We have been told that Salvia divinorum is currently unscheduled in the Republic of Ireland and is sold openly. (thanks S)
Israel #
As of May, 2008, S. divinorum is still being sold by small vendors in Israel. Over the past few years, low demand has caused at least one vendor to stop selling it. We have been told that the chief pharmacist at the Ministry of Health told one inquirer that it was not illegal to possess but might be illegal to sell because its not an approved drug. Individuals have reported that they have imported S. divinorum into Israel through customs without incident, although additional border taxes may be applied. (thanks A)
Italy #
S. divinorum and salvinorin A were added to the "Tabella 1" (list of prohibited plants and substances) in a Jan 11, 2005 Ministry of Health statement. Salvia is illegal to grow, possess, distribute, etc. This follows a Jun 2004 ordinance making it illegal to sell Salvia divinorum and salvinorin A. (Text of Jan 11 2005 decree: Gazzetta Ufficiale N. 54 del 07 Marzo 2005; text of Jun 2004 ordinance) (thanks X, A, ^D) First Arrest in Italy Related to S. divinorum, May 19 2005
Japan #
Salvinorin A is controlled as a "Designated Substance" (Shitei-Yakubutsu) by the Pharmaceutical Affairs Law, making it illegal to possess or sell. Salvia divinorum appears to be controlled by extension. As of January 2008, individuals who have ordered S. divinorum through the mail into Japan have been contacted by customs to report that it is illegal and to receive permission to destroy the material.
Lithuania #
Salvia divinorum is controlled and illegal to buy and sell in Lithuania. See (thanks tt) (last updated Aug 10 2010)
Netherlands #
Salvia divinorum is legal to buy, sell and possess in the Netherlands.
New Zealand #
Salvia divinorum is legal to buy, sell and possess in New Zealand, with an R18 age restriction on sales. It is commonly sold "party supply shops" (shops that sell BZP party pills and other non-alcoholic drugs), and in herbal stores (sometimes as "incense"). (unconfirmed) (thanks E, J)
Norway #
Salvia divinorum is not specifically controlled in Norway, but the national health council has said it considers it a prescription drug based on its use as a psychoactive drug. Erowid has seen several reports that vendors shipping Salvia to Norway have had packages returned by customs. (thanks D)
Poland #
Salvia divinorum became a controlled substance in Poland in May 2009, including "live plants or dried, seeds, extracts". It is possible that pure salvinorin could be considered an 'extract' of Salvia divinorum by Polish prosecutors. See (thanks t) (last updated June 3, 2013)
Portugal #
Salvia divinorum is not listed in any Portugese law or regularion that we know of. (thanks J)
Romania #
Romania banned Salvia divinorum, Amanita muscaria, and kratom as of February 2010. Previously they were legal to sell, buy, and possess and were available in smartshops." See Balkan Insight Feb 10, 2010 (thanks DN) (last updated feb 28 2010)
Russia #
In April 2009, Salvia divinorum was banned along with Spice and related products, Argyreia nervosa, Nymphae caerulea and others. See (last updated April 15 2009)
Singapore #
Salvia divinorum and salvinorin are not controlled in Singapore. (unconfirmed) (thanks T)
Slovenia #
Salvia divinorum is not controlled in Slovenia. (unconfirmed) (thanks S)
South Africa #
Salvia divinorum is not controlled in South Africa and legal to possess, sell, and import. South Africa has, however, a law which prohibits the "abuse" of any substance, but the legislation has not been used to control Salvia divinorum. See Higly Legal - Mr Spencer (thanks DL, W)
South Korea #
As of January 2005, both Salvia divinorum and Salvinorin A are controlled in S. Korea. (media) (thanks M)
Spain #
As of May 6, 2004, the Ministry of Health and Comsumption banned the sale of Salvia divinorum, but it is apparently not illegal to possess or use. (see Ministry Order 2225)
Sweden #
As of Apr 1, 2006, Salvia divinorum and any product containing salvinorin are illegal to sell or possess. (thanks P, SA) Salvia is considered a "Häsofarlig Vara" (Hazardous Compound) See (thanks M)
Perdador writes: "Up until that very day, online shops sold extracts and leaves for reasonable prices. The online shops seem to follow the new laws, and it is now hard to find any extracts or leaves of the plant from within Sweden. However ordering from other EU countries is still possible and the risk of getting caught is probably very low since the customs don't actively search for Salvia divinorum, and probably will not even in the future because of how rare the drug is. During the last weeks before March 1 2006 prices were dumped very low on the swedish online shops that wanted to get rid of all their Salvia divinorum in time, and the interest in the drug has probably never been greater because of the change in law." (last updated Mar 3, 2006)
Switzerland #
Ukraine #
Neither Salvia divinorum nor salvinorin are listed in the Ukraine's list of narcotic, psychotropic substances, and their precursors. See (thanks KS)
U.K. (United Kingdom, Britain, England, Scotland, Wales)#
In May 2016, the UK enacted the Psychoactive Substances Act which putatively bans by default anything "psychoactive" unless allowed or excluded from the ban by law. It is likely that Salvia divinorum, especially its concentrated active chemicals, would be considered controlled. (thanks PS) (last updated Oct 4, 2016)
Bassetlaw MP John Mann raised an 'Early Day Motion' in Oct 2005 (a notice for Commons debate) following a local newspaper report in the Worksop Guardian. Although there are lots of early-day motions and most do not become a law, they can indicate the direction of Parliament. (thanks C)
If you have information about the legal status of this substance in any other country, please let us know.

Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.