Salvia Legality by State: In What States Is Salvia Legal?

Salvia divinorum, commonly called “diviner’s sage” or simply “salvia,” is a Mexican Lamiaceae mint family plant known for its potent hallucinogenic effects.

These psychoactive effects of Salvia, which can go from depersonalization, laughter, feelings of levitation, colorful visions, loss of consciousness, déjà vu, and anxiety, have been widely documented to highlight its potential for misuse and abuse. This addiction potential has led to a rapid change in the legal status of Salvia divinorum at the state level in the U.S.

With the U.S. Drug Enforcement Administration classifying salvia as a “drug of concern” since 2003, it is important to understand the specific regulations in your state. Keep reading to find out the states where salvia is legal and where it has been banned, as well as the implications of these laws.

Table Of Contents:

• About Salvia
• Is Salvia Still Legal?
• What States Is Salvia Legal In?
• Salvia Illegal Chart
• Salvia Legality in Other Countries
• Where Is Salvia Illegal? – Bottom Line
• People Also Ask

About Salvia

Salvia divinorum, also known as magic mint, Ska Maria Pastora or Yerba de la Pastora, is a plant belonging to the mint family, originating from the Oaxaca region in Mexico. It has been used traditionally by the Mazatec indigenous people for spiritual and healing purposes.

The plant contains a potent psychoactive compound called salvinorin A, which is responsible for its hallucinogenic effects. When consumed, usually by chewing the leaves, smoking, or drinking an extract, Salvia can produce intense but short-lived hallucinations and altered states of consciousness.

The effects of salvia can vary widely among users but typically include:

• Hallucinations: Users often experience vivid and colorful visions.
• Depersonalization: A feeling of being detached from one’s body.
• Euphoria and Laughter: Some users report intense joy and uncontrollable laughter.
• Sensations of Movement: Feelings of floating, flying, or being pulled in different directions.
• Altered Perception of Time and Space: Users may feel like time is slowing down or speeding up.
• Anxiety: In some cases, users can experience fear or panic during the hallucinations.

Its potency is slightly inferior to the well-known synthetic hallucinogen LSD. The rise in Salvia’s recreational use and its associated risks has led to growing concerns and stricter regulations over Salvia legality.

Is Salvia Still Legal?

The legality of salvia in the U.S. is complex and varies from state to state. Concern about it started when its recreational use rose, particularly among young adults.

For instance, a study revealed that 3.5% of incoming first-year college students in the U.S. reported using salvia within the past two weeks. Of these users, 34.3% had combined Salvia with marijuana in the past month. Additionally, alcohol use was a significant predictor of Salvia use, with co-use of salvia and marijuana being a common occurrence.

Salvia is not classified as a controlled substance under the Controlled Substances Act of 1970. However, the U.S. Drug Enforcement Administration (DEA) has identified it as a “drug of concern” due to its potential for misuse and abuse. As a result, many states have enacted their own regulations, with some banning its sale, possession, and use entirely. Yet, Salvia remains legal at the federal level.

What States Is Salvia Legal In?

Many states have taken independent action to regulate or ban Salvia. The approach to regulation varies widely, with some states enacting strict bans while others have opted for more nuanced regulatory measures. For example, some states have made the possession, sale, and distribution of Salvia illegal, treating it similarly to other controlled substances.

If you are wondering: Where is salvia legal in the U.S.? As of today, Salvia is illegal in 29 states in the U.S. Find below comprehensive information about Salvia legality in most of the states:

Is Salvia Legal In California?

In California, Salvia divinorum is legal for adults over the age of 18. The state has specific regulations prohibiting the sale underage people to protect teens and drug abuse, but there are no broader bans on its possession or use. This allows for adult use while protecting younger individuals from potential risks associated with the hallucinogenic effects of Salvia.

Is Salvia Legal In Illinois?

Salvia is illegal in Illinois. The state has classified it as a Schedule I controlled substance, which means it is considered to have a high potential for abuse and no accepted medical use. In Illinois, possession of a Schedule I or Schedule II drug is a serious felony offense. Penalties depend on the amount of the drug:

• 15 grams or less: 1 to 3 years in prison and/or a fine of up to $25,000
• 15 to 99 grams: 4 to 15 years in prison and/or a fine of up to $200,000
• 100 to 399 grams: 6 to 30 years in prison, up to $200,000 fine or street value, whichever is higher
• 400 to 899 grams: 8 to 40 years in prison, up to $200,000 fine or street value, whichever is higher
• 900+ grams: 10 to 50 years in prison, up to $200,000 fine or street value, whichever is higher

Is Salvia Legal In Texas?

Salvia legality in Texas and classified under penalty group 3 of the Texas Controlled Substances Act.

Texas laws prohibit all parts of the plant, including its seeds and extracts. The plant is only legal in Texas if it is unharvest and growing naturally. This protects homeowners who have Salvia growing in their backyard unintentionally and without plans to use it for hallucinogenic purposes.

Is Salvia Legal In Oregon?

Oregon allows the use, possession, and sale of Salvia divinorum. There are no state-level prohibitions or specific regulations concerning salvia, making it one of the states where the substance remains legal.

Is Salvia Legal In Arizona?

In Arizona, it is illegal to sell, dispense, distribute, furnish, administer, or give Salvia to anyone under twenty-one years of age. Possession, planting, cultivation, growing, or harvesting of Salvia divinorum is permitted only for aesthetic, landscaping, or decorative purposes.

Is Salvia Legal In Missouri?

In Missouri, Salvia legality is classified as a Schedule I substance. Possession of Salvia divinorum is considered a Class C felony under MRS 195.202, which can result in a maximum sentence of seven years in prison.

Is Salvia Legal In Utah?

As of 2023, Utah permits the sowing, cultivation, growing, and harvesting of Salvia without any legal restrictions. Residents can freely engage in these activities without fear of legal consequences. Although bills have been proposed to restrict the use and cultivation of Salvia, none have been successful, and the plant remains unregulated in the state.

Is Salvia Legal In Virginia?

In Virginia, both Salvia and its primary psychoactive component, Salvinorin A, are classified as Schedule I hallucinogenic drugs. This classification means that these substances’ possession, sale, and distribution are illegal and subject to severe legal penalties.

Is Salvia Legal In North Carolina?

In North Carolina, it is illegal to manufacture, sell, deliver, or possess Salvia. Violations of this law are penalized with a fine of at least $25 for the first or second offense. A third or subsequent offense is classified as a Class 3 misdemeanor.

However, Salvia legality exceptions exist for employees or contractors of accredited colleges, schools of medicine, or pharmacies performing research and for those possessing, planting, cultivating, growing, or harvesting the plant strictly for aesthetic, landscaping, or decorative purposes.

Is Salvia Legal In Nevada?

In Nevada, Salvia divinorum is legal. The state has not enacted specific laws to ban or regulate its use, possession, or sale. Users in Nevada can legally obtain and use salvia, but should keep abreast of any local or state legislative updates.

Is Salvia Legal In Tennessee?

In Tennessee, it is illegal to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant unless specifically excepted or listed in another schedule. Salvia and its active component possession, sale, and distribution are generally prohibited.

Is Salvia Legal In Wisconsin?

In Wisconsin, it is illegal to manufacture, distribute, or deliver Salvinorin A for consumption. Salvia legality exceptions exist for FDA-recognized homeopathic forms of Salvinorin A available without a prescription and distribution to individuals 18 or older. Violations can result in a fine of up to $10,000.

Is Salvia Legal In Oklahoma?

Oklahoma classifies all forms of Salvia as Schedule I substances. As a result, possession of Salvia is considered a felony offense, punishable by up to 10 years in prison. Distribution of the substance carries more severe penalties, ranging from 5 years to life in prison.

Is Salvia Legal In Idaho?

In Idaho, it is unlawful for any person or entity to manufacture, compound, mix, distribute, dispense, ingest, use, possess, purchase, attempt to purchase, sell, display for sale, advertise for sale, attempt to sell, give, trade, or barter Salvia. This prohibition is specified by the city of Payette.

Is Salvia Legal In Maine?

In Maine, regulations concerning Salvia focus primarily on minors. It is a criminal offense to sell or provide Salvia divinorum to individuals under 18 years of age. Possession of Salvia by minors is classified as a civil violation, subject to a fine and community service. Salvia legality allows adults 18 and over to purchase and use Salvia.

Is Salvia Legal In Louisiana?

Louisiana was the first state in the U.S. to ban Salvia. Simple possession of illegal forms of Salvia is classified as a felony, with a maximum sentence of 5 years.

Production, even for personal use or distribution, including giving it away for free, carries a maximum sentence of 10 years and a minimum of 2 years. Additionally, defendants may be sentenced to hard labor for either offense.

Is Salvia Legal In Kansas?

Under the Kansas Controlled Substances Act, Salvia is classified as a Schedule I substance. This classification criminalizes the possession, use, or sale of Salvia, making Kansas the ninth state to impose such restrictions.

Is Salvia Legal In Montana?

Salvia is legal in Montana. The state does not have specific regulations or bans on the substance, allowing for its legal use, possession, and sale. Users should remain informed about any local restrictions or legislative changes.

Is Salvia Legal In West Virginia?

In West Virginia, it is unlawful to knowingly or intentionally manufacture or possess an extract, compound, concentrate, or other processed substance containing Salvia divinorum intended for human consumption.

Exceptions are made only if the substance is obtained through a valid prescription from a licensed physician or pharmacist for medically necessary therapeutic use. Violating this law is considered a misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both.

Is Salvia Legal In Iowa?

In Iowa, Salvia divinorum is a Schedule I Controlled Substance. Unauthorized manufacturing, delivering, or possessing it with intent to distribute is a Class “C” felony, punishable by up to 10 years in prison and a $1,000 to $10,000 fine. Simple possession is a serious misdemeanor, with penalties of up to one year in jail and fines from $315 to $1,875.

Is Salvia Legal In Washington?

Salvia divinorum is legal in Washington State and is readily available in smoke shops. While smoke shops in Washington restrict entry to minors due to strict tobacco laws, there are no specific legal restrictions on Salvia itself.

Is Salvia Legal In South Carolina?

Salvia divinorum is legal in South Carolina. The state does not have specific regulations or bans concerning the substance, allowing for its legal use, possession, and sale.

A proposed legislation in the South Carolina State Legislature aims to classify Salvia divinorum and salvinorin A as Schedule I controlled substances. If enacted, this would make the possession, use, or sale of Salvia illegal in the state.

Salvia Legality Florida

In Florida, a bill has added Salvia and salvinorin A to Schedule I making possession a third-degree felony, ranked in Level 3 of the offense severity ranking chart.

The sale, manufacture, or delivery of these substances, or possession with intent to do so, is also a third-degree felony, ranked in Level 3. The purchase of Salvia or salvinorin A is a third-degree felony, ranked in Level 2.

Salvia Legality In Georgia

In Georgia, salvinorin A is listed as a dangerous drug, and its sale, distribution, and possession are prohibited. The only exemption is for the possession, planting, cultivation, growing, or harvesting of Salvia divinorum or salvinorin A strictly for aesthetic, landscaping, or decorative purposes.

Salvia Illegal Chart

If your state is not specific above, find Salvia legality status in your state in the chart below:

Salvia Legality in Other Countries

The legal status of Salvia divinorum varies around the world. Some countries, like Austria and the Netherlands, have no restrictions on its possession or use. Others, like Australia and Japan, have completely banned it. Still others, such as Finland and Denmark, allow Salvia for scientific and medical purposes only. Find a list below:

• Austria: Legal
• Armenia: Illegal
• Denmark: Legal
• Finland: Legal
• France: Legal
• Australia: Illegal
• Germany: Illegal
• Indonesia: Legal
• Netherlands: Legal
• Japan: Illegal

Where Is Salvia Illegal? – Bottom Line

The legal status of salvia can vary greatly depending on location. The varying legal status of salvia across states can create confusion, especially for those who may travel between states.

It’s essential to be aware of the specific regulations in your state and any state you may be visiting. Possessing salvia in a state where it is banned can lead to significant legal consequences, even if it was purchased legally in another state. Remember that legality doesn’t mean safety, and this herb is still considered a drug due to its psychoactive properties. Salvia use can have negative health consequences.

If you or someone you know is struggling with Salvia addiction or substance dependence, reach out to addiction treatment services to start the journey toward a healthier, substance-free life.

People Also Ask

Is Salvia divinorum legal in California?

Salvia divinorum is legal in California for adults over 18. Under certain regulations, it can be sold and possessed within the state.

What states are Salvia legal in?

Salvia legality varies widely across the United States. Some states, like California and Nevada, allow its sale and possession, while others, like Tennessee and Louisiana, have strict regulations or bans.

How old do you have to be to buy salvia?

In states where salvia is legal, the minimum age to purchase is typically 18. However, local laws and regulations differ significantly, so it’s crucial to check.

Page Sources

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6. Coffeen, U., & Pellicer, F. (2019). Salvia divinorum: From recreational hallucinogenic use to analgesic and anti-inflammatory action. Journal of Pain Research, 12, 1069-1076. https://doi.org/10.2147/JPR.S188619
7. Salvia divinorum - Drug fact sheet. (2020, June 5). DEA. https://www.dea.gov/documents/2020/2020-06/2020-06-05/salvia-divinorum-drug-fact-sheet
8. U.S. Department of Justice. (2010, March 2). Drug alert watch: Salvia divinorum. https://www.justice.gov/archive/ndic/pubs40/40405/sw-saDiv031710p.pdf