Legalities of Salvia

Salvia divinorum is uncontrolled in the United States by federal law, but is controlled in some states. 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. Salvia divinorum is chemically quite different from other scheduled substances and as a plant is quite unlikely to be targeted by this act.

Salvia is Illegal or legal depending on state. It has not been federally banned but is something that has been scheduled. Banning salvia in the United States will take sometime, but the salvia law statewide is somewhat vague. Are Salvia plants legal? Is Salvia leaf legal? Is it just the extracts are causing the salvia law problem? Continue to check as salvia updates are weekly.

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.

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.

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 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. MILITARY RULES

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.

 

U.S. STATE LAW

Alaska

SB 38 was submitted Mar 19, 2007, which would add Salvia divinorum and salvinorin A to the state's list of scheduled substances. The current bill would allow controlled use for medical research. Reference: HESS Minute. (thanks S) (last updated May 2, 2007)

California

AB 259 was introduced Feb 5, 2007. If passed, the bill would add Salvia divinorum to the list of Schedule I controlled substances in the state of California. The bill was amended Mar 12, 2007 to include salvinorin A in ban. It failed in committee on Mar 27, 2007 (3 to 2) but could be reintroduced. References: Committee deliberations and history of the bill. (last updated May 1, 2007) (thanks S)

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

Salvia and salvinorin A are currently uncontrolled in Florida. Proposed legislation that would have classified salvinorin A died in committee in 2007. (last updated Nov 2007)

Georgia

Senate Bill 295, introduced Mar 1, 2007, would outlaw salvinorin A and the growth of Salvia divinorum "other than for esthetic, landscaping, or decorative purposes". Violations of this law would be a misdemeanor under the currently-proposed bill. Bill was approved by senate and moved on to the House on Mar 27th. See SB295 text and history. (last updated May 21, 2007)

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.

Iowa

Senate Study Bill 1051 was introduced in January 2007, proposing to add Salvia divinorum and salvinorin A to the state's list of Schedule I controlled substances. The bill would have made it a class "C" felony to "manufacture, deliver, or possess with the intent to manufacture or deliver, Salvia divinorum or salvinorin A". The bill was replaced by the nearly-identical bill SB 226. Reference: ODCP Update. (last updated May 1, 2007) (thanks S)

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)

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)

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. http://www.moga.state.mo.us/statutes/chapters/chap195.htm. Violation of this law is a felony. (thanks Q)

New Jersey

Senate Bill 1867 and the identical Assembly Bill 3139 which would classify Salvia divinorum and salvinorin A as Schedule I controlled substances in the state, were submitted on Apr 6, 2006. As of May 2, 2007, neither bill has been subject to a vote, and both are probably dead. References: Press Release. (last updated May 2, 2007) (thanks S)

Mention in news about Northern Monmouth includes the following curious text: "GRAND TOUR: Two 15-year-old borough males were charged on Sept. 10 with illegal possession of Salvia divinorum with intent to distribute by Sgt. Kevin Roake." (thanks E)

New York

State Bill 610, introduced Jan 3, 2007, would prohibit sale of Salvia divinorum. The bill was re-designated S00695 and passed the State Senate on Feb 28, 2007. It has been awaiting vote in the State Assembly for some time. The bill does not specify control of salvinorin A. Track bill history here. (last updated May 2, 2007) (thanks S)

A similar law failed to pass in 2005. Reference: State Targets Tripped Out Herb - Long Island Press, Jun 16 2005. (thanks E) (last updated May 1, 2007)

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

House bill 215 was introduced May 9, 2007. If passed, the bill will add Salvia divinorum (but not salvinorin A) to the state's list of Schedule I controlled substances.

Oklahoma

Any substance/product containing Salvia divinorum that "has been enhanced, concentrated, or chemically or physically altered" is controlled under the Oklahoma Uniform Controlled Substances Act on Nov 1, 2006, after state bill 2485 was signed into law on May 26, 2006. Text of bill available HB2485_CCS.RTF. We assume this means that plain leaf, unprepared, would not be controlled under this law. (thanks B, DK, JR)

Oregon

House bill 2494 was entered into the house. If passed the bill will criminalize salvinorin A and Salvia divinorum:

Creates crime of unlawful possession of salvinorin A or Salvia divinorum. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of unlawful manufacture or delivery of salvinorin A or Salvia divinorum. Punishes by maximum of 20 years imprisonment, $375,000 fine, or both. Requires State Board of Pharmacy to classify salvinorin A or Salvia divinorum as Schedule I controlled substance.
[ http://landru.leg.state.or.us/07reg/measures/hb2400.dir/hb2494.intro.html ]

As of May 2, 2007, this bill does not appear to have passed. Two similar bills previously failed to pass in 2003. (thanks J, S)

Pennsylvania

In 2006, House Bill 2657 was introduced, which would have added Salvia divinorum to the state's list of Schedule I controlled substances. The bill died without being enacted.

On March 29, 2007, Senate Bill 710 was introduced which would add Salvia divinorum to the state's list of Schedule I controlled substances. The bill has been referred to the Judiciary Committee, and is currently in limbo. (last updated Apr 30, 2007)

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 (thanks E and MG) (last updated May 2006)

Texas

March 2007 saw the introduction of three bills to control Salvia divinorum in the state of Texas. All three of them appear to have failed, and new action is not expected until the next legislative session. The three bills are HB3784 (Bill history), HB 2347 (Bill history), and HB 1796 (Bill history). (thanks S, C) (last updated Aug 16, 2007)

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

0n Aug 7 2007, Representative Wasserman introduced WI AB 477 that will, if passed, ban 'manufacturing, distributing, or delivering the active chemical ingredient in the plant Salvia divinorum (salvinorum A) with the intent that it be consumed by a person". The bill makes an exemption for salvinorum A that is recognized by the FDA as a homeopathic drug. (thanks S) (last updated Aug 20, 2007)

Wyoming

HB 0049 was introduced in 2006, and died without coming to a vote. (last updated Apr 30, 2007)

If you have information about the legal status of this substance in any other U.S. state, please let us know.

 

INTERNATIONAL LAW

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.

• Shaman Australis Salvia Law Page

• Salvia Crusaders of Australia

• More Australian Drug 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

Salvia divinorum and salvinorin A are not controlled in Brazil, according to two Erowid visitors. Leaf and extracts are sold in shops and from domestic Brazilian websites. (unconfirmed) (thanks TN, M)

Canada

Salvia divinorum is not controlled in Canada. S. divinorum leaf and extracts are sold in shops and live clones are available via mail order. (thanks M)

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

We have been told that "Salvia is legal to possess, and consumption is not illegal in France." (unconfirmed) (thanks JF)

Germany

Effective March 1, 2008, Salvia divinorum was added to Appendix I of the Narcotics Act, which will make 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

Salvia divinorum is reportedly illegal to sell or possess in Japan per new revisions of the pharmaceutical law of Japan dated Apr 1, 2007. (unconfirmed) (thanks D, F) 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.

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 is not currently controlled, but some people say police confiscate it saying it is a 'drug'. (unconfirmed) (thanks K)

Portugal

Salvia divinorum is not listed in any Portugese law or regularion that we know of. (thanks J)

Romania

Salvia divinorum is not listed as controlled in Romania. (unconfirmed) (thanks RH)

Russia

As of Feb 2007, Salvia divinorum is not controlled or illegal in the Russian Federation. See List of Controlled Drugs in Russia (Russian) However, information from "Timiryazevskaya Agricultural Academy" (botanical academy) and GNK officials (DEA-like organisation in Russia) suggest that the Russian authorities plan to control Salvia divinorum within 2-6 months, by mid-2007. Press releases stating the government's intent to control Salvia have already been issued. See http://www.narkotiki.ru/ and http://www.gnk.gov.ru/ (Russian). The reason for scheduling appears to be aggressive marketing of Salvia divinorum products to minors and attention in the media. The GNK says that Salvia divinorum is a "very dangerous drug" that causes heroin-like addiction, brain damage, and schizophrenia. (unconfirmed) (thanks S, J)

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 fhi.se. (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)

Ukraine

Neither Salvia divinorum nor salvinorin are listed in the Ukraine's list of narcotic, psychotropic substances, and their precursors. See http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=770%2D2000%2D%EF. (thanks KS)

U.K.

Salvia divinorum is unscheduled in the U.K., making it legal to buy, sell or possess. It is available (live or prepared) in head shops as well as plant nurseries. (thanks DB)

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 at ethnowebhost@yahoo.com

reference: www.erowid.org