Is Salvia Legal

According to many, Salvia divinorum may be used in a safe and responsible way by adults as it is not habit-forming, not addictive, and does not present a significant risk to public health or safety. Because it is a powerful herb that produces hallucinations and alters consciousness, some countries and states have chosen to regulate the sales of this herb and some have chosen to criminalize possession.

Is salvia legal in your country or state?

Although we try our best to keep this page up to date, we cannot guarantee that it’s completely accurate with current law at all times. Our list below states which countries have laws in effect prohibiting salvia in some way. However, if you want up to date certainty about where salvia is legal, please read the Wikipedia entry regarding the legal status of Salvia divinorum.

Where is Salvia Legal in the United States?

The United States: The number of states where Salvia is prohibited is rapidly increasing. We recommend all users to be cautious to make certain you are clear on the current legal status of salvia in your state.

• California: prohibits sale/distribution to minors (under 18) as a misdemeanor.
• Delaware: Brett’s Law in effect since 2006, which makes Salvia divinorum was made a Schedule I controlled substance in Delaware.
• Florida: 6-2008 “the hallucinogenic herb law (HB 1363) makes Salvia divinorum illegal and puts it in the same class of controlled substances as marijuana and LSD. Possessing the herb, often sold on the Internet, will be a [third degree] felony punishable by up to five years in prison.
• Illinois: Salvia Illegal since 1-2008.
• Louisiana: Salvia no longer legal, since 2005.
• Maine: A bill was signed into law in 5-2007, that regulates salvia in the same way tobacco products are regulated. This means that adults that are 18 and over could legally purchase and use the material.
• Missouri: Salvia divinorum and salvinorin A also became Schedule I substances in the state of Missouri.
• New York: A local law was created in Suffolk County. “It passed a vote on March 18, 2008 (ayes: 17, nays: 0). On April 1, 2008, it was signed into law by Steve Levy, the county executive. The law includes penalties of up to a $1,000 fine and a year in prison.”
• North Dakota: On January 15, 2007 Senate Bill 2317 proposed to classify Salvia divinorum as Schedule I controlled substance. The original text of the bill only mentioned Salvia divinorum. The Senate Judiciary Committee amended this on April 5, 2007, changing the bill wording to include salvinorin A and “any of the active ingredients” of Salvia divinorum.
• Oklahoma: 3-2006 Salvia divinorum was added to the list of controlled substances.
• Tennessee: Bill passed 6-2006 that classifies the knowing production, manufacture, distribution, or possession of the active chemical ingredient in the hallucinogenic plant Salvia divinorum as a Class A crime.
• Wisconsin: Bill passed 3-2010 that prohibits manufacturing, distributing, or delivering salvinorin A in wisconsin.

Is Salvia Illegal in all other States and Countries?

The countries listed below currently have laws prohibiting salvia in effect:

• Australia: Salva Illegal since 6-1-2002.
• Belgium: Salva Illegal since 5-2006.
• Brazil: “In 2005, Brazilian Customs began enforcing a regulation that prohibits importation of plant products without a permit. Since then, many people who have shipped Salvia divinorum to Brazil have had the packages returned to them. This only applies to importation. To the best of my knowledge, Salvia is legal in Brazil.”
• Canada: “In a report from an arm of Health Canada: MHPD, the Marketed Health Products Directorate, it was recommended that Salvia divinorum be placed under the Controlled Drugs and Substances Act. So far though, the Canadian government has not taken any steps to restrict the herb.”
• Chile: Salvia is Illegal since 8-8-2007.
• Croatia: Salvia has been classified as a controlled Substance since 4-4-2008.
• Denmark: Salvia Illegal since 8-8-2003.
• Estonia: Salvia Legal only with a doctors prescription since 4-2005.
• Finland: Salvia Legal only with a doctors prescription since 8-2002.
• Germany: “On January 23, 2008, the German government proposed that Salvia divinorum (all parts of the plant) be added to the first appendix of the German narcotics law which would not only ban production but also  possession and trafficing.” As of 3-2008 ths law has been in effect, however the text of the law only mentions Salvia divinorum; salvinorin A is not mentioned.
• Iceland: Salvia legal only with doctor’s prescription or an import license from the health administration.
• Italy: Salvia Illegal since 1-2005.
• Japan: The Salvia legal status changed in 4-2007, as it is now one of the thirthy-three controlled substances that has been said to be banned under a pharmaceutic law.
• Latvia: In 5-2009, Salvia was added to a list of controlled substances.
• Lithuania: “In 2008 Lithuania added Salvia divinorum to its list of prohibited substances, acting on advice from the Ministry of Health.”
• Norway: Illegal since 2002, unless a medical prescription is included.
• Poland: “The President Lech Kaczynski signed an act in 2009 that added Salvia to a controlled substance list.”
• Romania: 2-2010, Salvia Divinorum and all Salvinorins (A-F) were banned along with other psychoactive substances.
• Russia: Salvia Divinorum Illegal since 2009.
• Spain: Sale prohibited since 1-2004.
• South Korea: As of January 2005, both Salvia divinorum and S. A are controlled.
• Sweden: Salvia Divinorum Legal status changed 4-2006, now illegal.
• United Kingdom: “On October 19, 2005, John Mann, Member of Parliament, tabled an Early Day Motion (#796) urging the government to ban Salvia under the provisions of the Misuse of Drugs Act 1971 (Anon. 2005b; Mann 2005). So far, no further steps have been taken to ban Salvia divinorum in the United Kingdom.”

If you have updated information on the legal status of Salvia Divinorum in your state or country please feel free to contact us through a comment below, and we will add it to this resource page.