Legal Status Of Salvia

Last Updated: January 13, 2020

In the US, there are some states where salvia is legal for purchasing and usage. However, salvia laws are quite different in states like Delaware, Louisiana, Maine, Missouri, Oklahoma, and Tennessee, where it is illegal to use or possess. At the moment, the Drug Enforcement Agency (DEA) is reviewing the legality of salvia in order to make it a controlled substance. Learn more about salvia legality by state, and how it is regulated.

Legislation Around S. Divinorum

The salvia laws created a closed system that allows monitoring manufacturing, distribution, and dispensation of the substance. However, an established system has suffered a stumbling block. The divergence between state and federal laws has restricted the government from fully regulating the plant on a national level.

Is salvia dangerous? Yes, it is. Despite being legal in several states, salvia abuse may result in severe long-term brain damage, decreased heart rate, and lowered body temperature.
holding hands near pain site
Due to several reasons, salvia divinorum legal status is restricted across 22 states in the USA.

  • Dependency: While divinorum isn’t really considered as an addictive drug, however,  just like LSD, patients are likely to develop a chemical dependence on the drug. People will get more accustomed to using magic mint in a bid to get high, which is a great cause for concern. Salvia vs LSD is mostly compared due to their similar intensity of effects, trip experience, and strength.
  • Physical side effects: Since the emergence of legal salvia, there have been numerous studies on side effects carried out. According to reports on exposure to the drug, people who consume diviner’s sage, with or without alcohol or other drugs, are more likely to experience neurologic, cardiovascular, and gastrointestinal side effects.
  • Effects on learning and long-term memory: Report on Salvinorin A-induced brain function impairments concludes, that the use of seer’s sage can lead to negative effects on learning and impair long-term memories. Even though the study was carried out on rats, it is unclear how this translates to humans.

State Specifics

The legal status of the salvia has been rapidly changing over the last couple of years. Once sally d is fully banned, defaulters can get up to five years of a prison sentence. But notwithstanding, divinorum is still legal in some states. Listed below are some states that restrict the use and possession of substance at the time of writing.


In the spring of 2007, a bill was created, but somehow got stuck in the committee, making salvia legal till June 2008. It was around that time, a new hallucinogenic herb law (HB 1363) was signed. Divinorum was put in the same category (Schedule 1 drug) as marijuana and LSD, thereby restricting citizens of Florida from possessing or using salvia divinorum. Also, selling maria pastora is prohibited. Anyone caught in possession or selling of s.divinorum can receive up to five years of a prison sentence.


On August 15, 2005, a new salvia law went into effect, making Louisiana the first state in the USA to criminalize the use, possession, transportation, or sale of the substance. Individuals suspected to be abusing this drug are made to undergo salvia testing. Victim may also be sentenced to imprisonment at hard labor for up to 10 years and penalized up to $5,000.
policeman performs body search


Though salvia uses are quite numerous, a bill was passed across in July 2006, which restricts the production, possession, and distribution of hallucinogenic plant in Tennessee. Violation of the law is considered a misdemeanor and may result in up to $2,500 fine and up to 12 months of prison sentence.

North Dakota

The legality of salvia in North Dakota lasted till January 15, 2007, when a new bill was passed to ban the possession and use of the substance. The bill was later amended on April 5, 2007, to include salvinorin A and “any of the active ingredients” of magic mint. Penalties range from $3,000 fine up to 10 years in state prison.


According to the California State Penal Code Section, possession of seer’s sage is only legal to persons above 18. Violations of this code are punishable by a fine of $1,000, imprisonment in the county jail for up to six months, or both. Where can one get salvia in California? There are online stores where seer’s sage can be bought legally in California.

Regulation Issues

Even with the joint effort of the DEA, FDA, and other agencies, the salvia ban has not exactly been successful in curbing its production or sales around the country. This is due to the irregularity of salvia laws across different states. People end up buying the drug in states where it is legal to possess, and then smuggle it to other states across the country.
uncovering packs of drug in trunk
This has always hindered the full regulation of salvia in the whole country. However, there are indications that every state in the US will ban the use of diviner’s sage in the coming years.

Being On The Safe Side

For now, the best policy is to avoid consumption irrespective of salvia regulation. While seer’s sage may be used in the treatment of certain diagnoses, it is important to remember that salvia high may result in serious side effects. For those already addicted to salvia, enrolling in a treatment program for drug addiction in a rehabilitation facility is the best solution. Inside the addiction rehab centers, there is a team of experts who have years of experience in treating addiction.

Page Sources

  1. Vohra R, Seefeld A, Cantrell FL, Clark RF. Salvia divinorum: exposures reported to a statewide poison control system over 10 years. (2011).
  2. Braida D, Donzelli A, Martucci R, Capurro V, Sala M. Learning and memory impairment induced by salvinorin A, the principal ingredient of Salvia divinorum, in wistar rats. (2011, September 29).
  3. California State Penal Code. Part 1, Title 10, Section 379.§ionNum=379.
  4. Drug Enforcement Agency. A DEA Resource Guide. (2017). Page 85.
  5. Louisiana Commission On Law Enforcement And Administration Of Criminal Justice. Tennessee Drug Status Chart.
  6. North Dakota State Government. Uniform Controlled Substances Act. Chapter 19-03.1. Page 14.

Published on: January 13th, 2020

Updated on: January 13th, 2020


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