Is Salvia Divinorum Legal?
This information should not be construed as legal advice. Before you decide to purchase, use, grow, distribute, possess or ship salvia divinorum in whole or part, we recommend quite strongly that you review the current laws or penalties in your location. We believe the following to be current, but it is in your best interest to be certain, be for trying to buy Salvia.
Following are states in the U.S. that prohibit salvia divinorum.
Salvia is illegal in:
- Delaware
- Florida
- Hawaii
- Illinois
- Kansas
- Kentucky
- Mississippi
- Missouri
- Nebraska
- North Dakota
- Ohio
- South Dakota
- Virginia
Following are states where it is only legal when not meant for consumption by humans:
- Louisiana
- North Carolina
- Tennessee
Following are states where it is illegal to provide to minors:
- California (possession by minors is legal)
- Maine (illegal to possess if under 18 years in age)
- Maryland (illegal to possess if under 21 years of age. Effective June, 2010)
It is illegal to sell, deliver, and manufacture Salvinorum, but legal to possess it in:
- Wisconsin
There are cities within the United States who prohibit its sale and possession and several other states are considering bans.
Also, the DEA is currently studying it and are trying to determine if it is a risk to the public. If it is determined that Salvinorin A is a risk, it will probably become a controlled substance.
The following is taken into consideration when determining if a substance should be controlled:
- What is its risk to the public
- What is its current state of abuse
- What is its risk of dependence
- What is its overall history
- Is there any scientific evidence that it can be used as a medical treatment
