Salvia Divinorum Legal Status

A reason for salvia divinorum's mostly favorable legal status so far is that there has been little evidence to suggest that its use is problematic. Salvia divinorum is understood to be nontoxic and nonaddictive. Despite this, countries such as Australia (the first country to ban it) and a few American states have created anti-salvia laws. Some politicians have argued that salvia divinorum effects are "LSD-Like" and that this alone is sufficient grounds for prohibition. Many salvia divinorum media stories also headline with comparisons to LSD. However, while LSD and salvia divinorum's active constituent salvinorin A may have comparative potencies, in the sense that both can produce their effects with low dosage amounts, they are otherwise quite different. LSD is a synthesized drug not found in nature whereas salvinorin occurs naturally in plant form. The two substances are not chemically similar or related. They are ingested in different ways. They produce different effects, which manifest themselves over different timescales. The effects of salvia divinorum when smoked typically last for only a few minutes as compared to LSD, whose effects can persist for 8-10 hours. Media story references typically do not report this significant difference in timescale and in particular do not mention salvia divinorum's much shorter duration of effect.
 

Opinions and arguments

Some arguments against salvia divinorum made by politicians have been of a preventative or imitative nature. Senator Randy Christmann (R) stated - "we need to stop this before it gets to be a huge problem not after it gets to be a huge problem" and Assemblyman Jack Conners (D) argued -"Salvia divinorum use may not be a runway epidemic, but it certainly is a phenomenon that warrants attention. We should take preventive steps now to prevent wholesale problems later on…" In October 2005 MP John Mann raised an ultimately unsuccessful Early Day Motion calling for salvia divinorum to be banned in the UK, saying - "The Australians have clearly found a problem with it. There's obviously a risk in people taking it."

Opponents of such prohibitive measures argue that this is due to an inherent prejudice and a particular cultural bias rather than an actual balance of evidence, pointing out inconsistencies in attitudes toward other more toxic and addictive drugs such as alcohol and nicotine. While not objecting to some form of legal control, in particular with regard to the sale to minors or sale of enhanced high-strength extracts, most salvia proponents otherwise argue against more prohibitive measures. Some countries and States such as Missouri have imposed the strictest Schedule I or equivalent classification against salvia divinorum even in its natural and untreated form.
 

Religious Freedom

Those advocating consideration of salvia divinorum’s potential for beneficial use in a modern context argue that more could be learned from Mazatec culture, where salvia divinorum is not really associated with notions of drug taking at all and it is rather considered as a spiritual sacrament. In light of this it is argued that salvia divinorum could be better understood more positively as an entheogen rather than pejoratively as a hallucinogen. Other entheogenic plants with continuing traditions principally of spiritual use include peyote (and other psychoactive cacti), iboga, virola, ayahuasca (an admixture of plants containing DMT + MAOI), and various types of psychoactive fungi. US legislation specifically allows two of these to be used in a spiritual context. The Native American Church is allowed to use peyote and Uniao do Vegetal (or UDV) is permitted ayahuasca. Although not consistently granted (varying from state to state), the principal grounds for such concessions are constitutional, with further grounds following from the Religious Freedom Restoration Act.
 

Prosecutions

There have not been any publicized prosecutions recorded under any salvia laws. Legislation may prove difficult to police. The plant has a nondescript appearance; the leaves are not distinctive and it does not have a distinctive odor like other illicit plants such as cannabis. Salvia divinorum looks like and can be grown as an ordinary houseplant without the need of special equipment such as hydroponics or high-power lights.

US State Laws

Caution & Disclaimer:  Legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We cannot 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 are constantly changing.

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. (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. (Last updated May 1, 2007)

Delaware:  SB259 ("Brett's Law") was signed on May 2, 2006, adding Salvia divinorum to schedule I of the Delaware state controlled substances law. Salvinorin A is not covered by the law.

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. (Last updated May 21, 2007)

Illinois:  Effective Jan 1, 2008, Salvia divinorum (including any plant part, extraction, or preparation) is included in the Illinois Controlled Substances Act list of Schedule I substances, making it illegal to possess or sell. (Illinois Controlled Substances Act)

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. (Last updated May 1, 2007)

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.

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." (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)

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. Missouri was the first state in the U.S. to schedule S. divinorum or its active chemical. Violation of this law is a felony.

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. (Last updated May 2, 2007)

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. (last updated May 2, 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.

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. We assume this means that plain leaf, unprepared, would not be controlled under this law.

Oregon:  House bill 2494 was entered into the house. If passed the bill will criminalize salvinorin A and Salvia divinorum: 1) Creates crime of unlawful possession of salvinorin A or Salvia divinorum. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. 2) 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. 3) Requires State Board of Pharmacy to classify salvinorin A or Salvia divinorum as Schedule I controlled substance. As of May 2, 2007, this bill does not appear to have passed. Two similar bills previously failed to pass in 2003.

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.

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). (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. (Last updated Oct 2007)

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 (salvinorin A) with the intent that it be consumed by a person". The bill makes an exemption for salvinorin A that is recognized by the FDA as a homeopathic drug. (updated Aug 20, 2007)

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

NOTICE:

The large amounts of information on this site ranging from chemistry, botany, propagation, history, ingestion, side effects and toxicity, etc is for information only. The information on this site is not intended to be instructions on how to use products sold on this site! As stated in the Terms / Conditions / Disclaimer, our salvia is only for incense, herbarium specimen, collection, legitimate research, plant propagation, and/or ornamental purposes.