Is Salvia Divinorum legal?
Since salvia divinorum is a mind-affecting herb, many people unfairly class it with dangerous drugs like cocaine or heroin. Unfortunately, this has led in some places to laws restricting or criminalizing the sale, possession, and use of salvia. While salvia is perfectly legal in most of the United States, you should know how the law affects you before you try to buy salvia.
At the time of this writing, salvia is a Schedule I controlled substance, illegal to either possess or sell, in Delaware, Florida, Hawaii, Illinois, Kansas, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Virginia. In Louisiana, it is legal to grow salvia plants but not for humans to consume them. Tennessee bars the use, manufacturing, or sale of the active chemical ingredient in salvia. California and Maine allow adults to buy salvia and use it, but selling it to minors is illegal; in the case of Maine, minors may also not possess salvia. Some local governments may also have their own ordinances and statues regarding salvia, so be aware of your town or city’s rules. Outside of America, salvia is illegal in Australia, Belgium, Denmark, Estonia, Finland, Italy, Japan, Spain, and Sweden.
While federal legislation making salvia divinorum a Schedule A controlled substance has been proposed in the past, it was not passed by Congress and there seems to be little interest in taking up the matter again. The Drug Enforcement Agency has studied salvia but has not added it to their list of controlled substances, although they say it may be subject to regulation because it is chemically similar to THC. However, this similarity is disputed since we still don’t know much about THC’s chemistry, and the DEA’s interpretation has yet to be tested in court.
The legal status of salvia is an ongoing battle in many states, with lawmakers and law enforcement officials trying to ban it, so all the information in this article is very much subject to change. However, if you take the time to do your research and inform yourself, you should be able to buy and enjoy your salvia safely and legally.
