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Legal Info

Please check below for the legality of shipping salvia to your state. If banned in your state, our Kratom and herbal blend mixes.   


Q: Is Salvia legal? http://en.wikipedia.org/wiki/Legal_status_of_Salvia_divinorum

A: This herb is legal in many states and countries worldwide. Check this page to see if Salvia divinorum and Salvinorin A are legal in your country. If your state or country is not listed it means Salvia divinorum and Salvinorin A are not controlled there.

For more information use the reference links at the bottom of this page.  If you are unsure whether Salvia divinorum is legal or not where you are, check with your local authorities before buying.  

U.S. States With Laws Prohibiting Salvia  Illegal: (Schedule I)    

Alabama, Delaware, Florida, Hawaii, Illinois, Kansas, Kentucky, Lousiana, Minnesota, Michigan

Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, tennesse,

Virginia, Wisconsin, West Virginia,                                                 

 

Legal For Adults, Illegal To Sell To Minors:  

California  
Maine (possession by minors is illegal)  
Maryland(Illegal to possess if under 21 years old. Effective June 1st, 2010*Ocean City Md Banned 8/5/10

International  Illegal To Possess or Sell:  

Australia  
Belgium  
Denmark  
Germany  
Italy  
Japan  
Latvia  
Lithuania  
South Korea  
Sweden  Russia(April2009   

Illegal To Sell, But Legal To Possess:  

Spain  

Requires Doctor's Prescription:  

Estonia  
Finland  
Iceland  
Norway  

U.S. Federal Legislation  


In October of 2002, a bill was introduced to the United States Congress that proposed to place Salvia divinorum and Salvinorin A in Schedule I of the Controlled Substances Act. The bill was passed amongst various committees, but no action was taken on it. It died with the dissolution of the 107th Congress at the end of 2002. Representative Joe Baca of California (D), the author of the bill, has stated that he will not reintroduce the bill. The U.S. Drug Enforcement Administration (DEA) is studying Salvia divinorum and Salvinorin A, and is considering whether or not they present a risk to public safety that would justify making them controlled substances (thus further infringing on the personal freedoms of American citizens). On July 20, 2007, the Federal Government initiated an eight-factor analysis of Salvia divinorum. The Controlled Substances Act requires that this analysis be performed before a substance can be scheduled as a controlled substance.

The eight factors considered are:  Its potential for abuse.  Scientific evidence of its pharmacological effect.  The state of current scientific knowledge regarding the drug.  Its history and current pattern of abuse.  The scope, duration, and significance of abuse.  What risk there is to the public health.  Its psychic or physiological dependence liability.  Whether the substance is an immediate precursor of a controlled substance.  If the Attorney General determines that there is substantial evidence of potential for abuse such as to warrant control, he may initiate proceedings to make Salvia divinorum a controlled substance.  

U.S. Military  Is Salvia legal in the U.S. Navy?  

Salvia divinorum is on the list of banned substances for the U.S. Navy, but is not tested for in drug tests. Those found in possession of Salvia divinorum will be charged under UCMJ Article 92. In February 2004, The Navy Awareness Training On Salvia divinorum stated that sailors may be disciplined under SECNAVINST 5300.28C and OPNAVINST 5350.4C as general prohibitions against the illicit use of intoxicants.  Is Salvia legal in the 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 U.S. Navy.  

Is Salvia legal in the 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 Salvia divinorum.  State Laws  Alaska: The Senate Bill from 2007 did not pass. Senate Bill 52 would have added Salvia divinorum to Schedule IIA.  Arizona: House Bill 2520 was introduced to the Arizona State Legislature on February 5, 2009. If passed, it would have made it illegal to provide Salvia divinorum or Salvinorin A to anyone under 21 years of age. The bill died in committee.  California: Assembly Member Anthony Adams (R) introduced Assembly Bill 259 to the California State Legislature on February 5, 2007. On March 12, 2007, the bill was amended to include Salvinorin A. On March 27, 2007, it was defeated by committee vote, but a reconsideration was granted.

 

The bill was amended on January 7, 2008. Instead of placing Salvia divinorum in Schedule I, the amended version would make the sale or distribution of Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person under 18 years of age a misdemeanor, punishable by imprisonment in a county jail for not more than 6 months. The amended version passed unanimously in the Assembly on January 29, 2008. It passed in the Senate on July 2, 2008. Governor Arnold Schwarzenegger (R) signed the bill into law on July 22, 2008. It went into effect on January 1, 2009.  Delaware: Senator Karen E. Peterson (D) introduced Senate Bill 259 to the Delaware State Legislature on March 16, 2006. This legislation makes Salvia divinorum a Schedule I controlled substance in Delaware. The bill passed the General Assembly and was signed into law by Governor Ruth Ann Minner (D) on May 2nd, 2006.

 

The text of the bill only mentions Salvia divinorum, and not Salvinorin A or any other specific chemical constituents of the plant. The law has been named "Brett's Law" in memory of Brett Chidester, a 17-year-old Salvia user who committed suicide on January 23, 2006, by intentionally poisoning himself with carbon monoxide.  Florida: Senator Victor Crist (R) introduced Senate Bill 1718 to the Florida State Legislature on Febuary 20, 2007. Its intention was to make Salvia divinorum a Schedule I controlled substance in Florida. The bill was amended on April 24, 2007, to include Salvinorin A. The bill died in committee on May 4, 2007. On March 3, 2008, Representative Mary Brandenburg (D) introduced House Bill 1363 to the Florida State Legislature. This legislation would make Salvia divinorum and Salvinorin A Schedule I controlled substances in Florida.  The bill was amended to make an exception for any FDA-approved drug product that might contain these substances.

 

Two other bills (Senate Bill 340 and Senate Bill 1612) were introduced in the State Senate on March 4, 2008. The two Senate Bills were combined and substituted with House Bill 1363. The House and Senate both voted in favor of the bill. On May 28, 2008, Governor Charlie Crist (R) signed the bill into law, thus making possession or sale of the two substances a third degree felony punishable by up to 5 years in prison. This new law went into effect on July 1, 2008.  Georgia: On March 1, 2007, Senate Bill 295 was introduced. It 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. Senate Bill 295 was approved by the Senate and moved to the House on March 27, 2007.  Illinois: Senator John Millner (R) introduced Senate Bill 2589 to the Illinois State Legislature on January 19, 2006. This bill sought to add Salvia divinorum to Illinois' state list of Schedule I controlled substances. The bill only mentions Salvia divinorum, not Salvinorin A. This bill died with the dissolution of the 94th General Assembly.  On January 29, 2007, Representatives Dennis Reboletti (R), Chapin Rose (R), Robert Pritchard (R), and Renee Kosel (R) introduced House Bill 0457. On Febuary 7, 2007, Senator Millner introduced this same bill to the State Senate as Senate Bill 0226. House Bill 0457 and Senate Bill 0226 passed unanimously in the Senate and House Legislation.

 

This legislation was signed into law by Governor Rod Bagojevich (D) on August 17, 2007. The new law went into effect on January 1, 2008.  Iowa: Senate Study Bill 1051 was introduced in January 2007. It proposed to add Salvia divinorum and Salvinorin A to the Iowa State 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. Senate Study Bill 1051 was replaced by the nearly-identical Senate Bill 226.  Kansas: Representative Peggy Mast (R) introduced House Bill 2650 to the Kansas State Legislature on January 22, 2008. The Senate Judiciary Committee introduced identical legislation (Senate Bill 481) on January 28, 2008. The Senate and House both voted in favor of the bill. It was signed into law by Governor Kathleen Sebelius (D) on April 24, 2008.  Kentucky: The Kentucky State Legislature is adding Salvia divinorum to its Schedule I list of controlled substances. It is expected to become law in March, April, May, or June 2009.  Louisiana: Representative Michael G. Strain (R) introduced House Bill 20 to the Louisiana State Legislature on February 25, 2005. This bill proposed to make it illegal to possess, manufacture, or distribute hallucinogenic plants that are intended for human consumption. 

 

On May 16, 2005, the bill passed in the House. On June 9, 2005, the bill passed in the Senate. The bill was sent to the Governor fr executive approval on June 17, 2005. Governor Kathleen Babineaux Blanco (D) signed the bill into law on June 28, 2005. The new law, called Act No. 159, went into effect on August 15, 2005. Louisiana was the first state in the U.S. to criminalize Salvia divinorum.  Maine: Represenative Christopher Barstow (D) of Maine introduced Legislative Document 66 to the State Legislature in November 2006. An amended version of the bill was approved in an 8 to 4 committee vote by lawmakers on the Criminal Justice Committee. The amended bill would regulate Salvia divinorum in the same way tobacco products are regulated in Maine.  Adults 18 and over could legally purchase and use the material. Selling or providing Salvia divinorum or Salvinorin A to anyone under the age of 18 would be a criminal offense. Possession by a minor would be a civil violation, punishable by a fine, community service, or both. The amended bill passed in the House and Senate. It was signed into law by Governor John Baldacci (D) on May 15, 2007. It went into effect on September 20, 2007.  Mississippi: Senator Hob Bryan (D) introduced Senate Bill 2456 to the Mississippi State Legislature on January 29, 2008. This bill would make Salvia divinorum a Schedule I controlled substance in Mississippi. The Senate voted in favor of the bill on Febuary 27, 2008. The House voted in favor of the bill on March 18, 2008. Governor Haley Barbour (R) signed the bill into law on April 15, 2008. The new law went into effect on July 1, 2008.  Missouri: The city of St. Peter's, Missouri, passed an ordinance that prohibits the sale of Salvia divinorum to anyone under the age of 18. On January 5, 2005, Representative Rachel L. Bringer introduced House Bill 165 to the Missouri State Legislature. The bill only mentioned Salvia divinorum and not Salvinorin A. This was corrected the following month with the introduction of House Bill 633.  This second bill was introduced on February 23, 2005 by Representative Scott A. Lipke (R) and Representative Bringer. The bill was incorporated into section 195.017 of the state's drug regulation statues on August 28, 2005. Salvia divinorum and Salvinorin A are Schedule I substances in the state of Missouri.  Nebraska: On January 10, 2008, Senators Vickie McDonald (R), Annette Dubas (D), Mike Friend (R), Steve Lathrop (D), Amanda McGill (D), Rich Pahls (R), Pete Pirsch (R), Kent Rogert (R), Arnie Stuthman (R), and Norm Wallman (D) introduced Legislative Bill 840. This bill proposed to add Salvia divinorum and Salvinorin A to Nebraska's list of Schedule I controlled substances. This bill died in committee.  Legislative Bill 840 was resurrected the following year as Legislative Bill 123. This bill was introduced on January 9, 2009, by several of the same Senators, plus Senators Russ Karpisek (D), Mark Christensen (R), and Colby Coash (R). Lawmakers voted in favor of the bill on February 20, 2009. Governor Dave Heineman (R) signed the bill into law on February 26, 2009. The new law will go into effect in September 2009.  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 April 6, 2006. Neither bill has been subject to voting.  New York: State Bill 610 was introduced on January 3, 2007. It would prohibit the sale of Salvia divinorum. The bill was re-designated S00695 and passed the State Senate on February 28, 2007. It is awaiting vote in the State assembly. The bill does not specify control of Salvinorin A.  North Dakota: Senator Dave Oehlke (R), Senator Randell Christmann (R), and Representative Brenda Heller (R) introduced Senate Bill 2317 to the North Dakota State Legislature on January 15, 2007. This bill sought to add Salvia divinorum to that state�s list of Schedule I controlled substances. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned.  The Senate Judiciary Committee corrected this on April 5, 2007, by amending the bill to include salvinorin A and �any of the active ingredients� of Salvia divinorum. The amended bill passed in the Senate on February 7, 2007. It passed in the House on March 16, 2007. It was signed into law by Governor John Hoeven (R) on April 26, 2007. The new law went into effect on August 1, 2007.  Ohio: Representative Thom Collier (R) introduced House Bill 215 to the Ohio State Legislature on May 9, 2007. On April 15, 2008, House lawmakers voted unanimously in favor of the bill. On December 16, 2008, Senate legislators also voted unanimously in favor of the bill. Governor Ted Strickland (D) signed the bill into law on January 6, 2009. It went into effect on April 7, 2009.  Oklahoma: Representative John Nance (R) introduced House Bill 2485 to the Oklahoma State Legislature on March 6, 2006. The bill passed in the House and Senate and was signed into law by Governor Brad Henry (D) on May 26, 2006. Representative David Derby (R) introduced House bill 3148 to the State Legislature on February 4, 2008. This legislation would make Salvia divinorum and Salvinorin A Schedule I controlled substances in Oklahoma.  The bill passed in the House and Senate and was signed into law by Governor Henry on June 2, 2008. The new law went into effect on November 1, 2008. It makes possession a felony offense, punishable by up to 10 years in prison. Distribution carries a penalty of 5 years to life in prison.  Oregon: House Bill 2494 has been submitted to the House. If passed, the bill will criminalize Salvia divinorum and Salvinorin A. As of May 2, 2007 the bill has not passed. Two similar bills have failed to pass previously in 2003.  Pennsylvania: On March 29, 2007, Senate Bill 710 was introduced. It 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 stalled.  South Dakota: The town of Deadwood, South Dakota adopted City Ordinance 1100 on April 1, 2008. This ordinance makes it unlawful for anyone to sell, provide, or otherwise transfer Salvia divinorum to a minor. It also makes it unlawful for minors to purchase, possess, or use Salvia divinorum. Violators would be subject to penalties up to the maximums prescribed for Class 2 Misdemeanors under South Dakota State Law.  On January 20, 2009, Representatives Charles Turbiville (R), Susy Blake (D), Joni Cutler (R), Richard Engels (D), Mark Kirkeby (R), Larry Lucas (D), Nick Moser (R), Steve Street (D), and Mike Verchio (R), and Senators Kathy Miles (D), Gene Abdallah (R), Jim Hundstad (D), Ryan Maher (D), and Tom Nelson (R) introduced House Bill 1090 to the South Dakota State Legislature. This bill would prohibit possession of Salvia divinorum.  This legislation would make possession of 2 ounces or less of Salvia divinorum a Class 1 Misdemeanor, carrying a maximum penalty of 1 year in jail and a $2,000 fine; possession of more than 2 ounces would be a Class 6 felony, with a maximum penalty of 2 years in prison and a $4,000 fine. The House voted in favor of the bill on February 2, 2009.  The bill was then amended in the Senate to include Salvinorin A. The Senate voted in favor of the amended bill on March 2, 2009. On March 4, 2009, the House voted in favor of the amended bill. The bill was signed into law by Governor Marion Michael Rounds (R) on March 11, 2009, and became effective immediately.  Tennessee: Representative Park M. Strader (R) introduced House Bil 2909 to the Tennessee State Legislature on February 15, 2006. The following day it was adopted in the State Senate as Senate Bill 3247. Originally, the bill proposed to make it a Class D felony offense to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a hallucinogenic plant.  The bill was later amended to address Salvia divinorum specifically. The amended version classifies the knowing production, manufacture, distribution, or possession of the active chemical ingredient in the plant Salvia divinorum as a Class A misdemeanor. It would not be a criminal offense to possess, plant, cultivate, grow, or harvest Salvia divinorum for aesthetic, landscaping, or decorative purposes.  On April 13, 2006, the amended version of the bill passed in the Senate, and later passed in the House on May 11, 2006. Governor Phil Bredesen (D) signed it into law on May 19, 2006. It was assigned Public Chapter Number 700 by the Secretary of State on May 30, 2006. The law went into effect on July 1, 2006.  Texas: In March 2007 three bills were introduced to control Salvia divinorum in the state. All three have failed and new action is not expected until the next legislative session. The three bills are HB3784, HB2347, and HB1796.  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.  Virginia: Assemblyman John O'Bannon, III (R) introduced House Bill 2844 to the Virginia State Legislature on January 10, 2007. The bill died in committee. Assemblyman O'Bannon renweed his efforts the following year. On January 9, 2008, he introduced House Bill 21, which adds Salvia divinorum and Salvinorin A to Virginia's list of Schedule I controlled substances.  The bill passed in the House on January 15, 2008. It passed in the Senate on February 18, 2008. It was signed into law by Governor Timothy Kain (D) on March 2, 2008. The law went into effect on July 1, 2008.  Wisconsin: In 2007, WI AB 477 was introduced and would have made Salvinorin A illegal to manufacture, possess, or deliver. The bill died in March 2008. No new bills are in process in the state.  Wyoming: House Bill 0049 was introduced in 2006, but died without coming to a vote.  

International Laws  

Is Salvia legal in Australia?

The first country to prohibit Salvia divinorum and Salvinorin A. The committee responsible for the ban admits that there is "no evidence of a major public health hazard." The ban went into effect June 1, 2002. Those living in Australia or its territories who are considering being involved with Salvia are urged to first obtain professional legal advice. If a person receives a shipment of Salvia in Australia or its territories heshe could face severe criminal penalties.  

Is Salvia legal in Belgium?

The Belgian government added Salvinorin A to their list of controlled substances on October 18, 2004. The name of the compound is spelld incorrectly as "salvorine A" in the royal decree that announced this legislative decision.  Is Salvia legal in Brazil? Salvia divinorum and Salvinorin A are not controlled in Brazil.  

Is Salvia legal in Canada?

Salvia divinorum is not controlled in Canada.  

Is Salvia legal in Cyprus?

Salvia divinorum is not controlled in this country. The Narcotic Drugs and Psychotropic Substances Law of 1977 does not list Salvia divinorum or Salvinorin A in its schedules of controlled substances.  

Is Salvia legal in Denmark?

Salvia divinorum and Salvinorin A have ben placed in category B of the Danish list of controlled substances. This category includes psilocybin mushrooms, cocaine, amphetamine, and other substances that are only legal for medicinal and scientific purposes. Possession of Salvia divinorum in Denmark warrants a penalty of up to 2 years in prison. The law went into effect on August 23, 2003.  

Is Salvia legal in Estonia?

The Social Ministry of Estonia has listed Salvia divinorum as a medicinal herb that requires a doctor's prescription. Some Salvia divinorum vendors have reported that packages sent to Estonia have been returned by customs because of this regulation which went into effect in April 2005.  

Is Salvia legal in Finland?

In August 2002, Finland passed legislation making it illegal to import Salvia divinorum without a relevant prescription from a doctor.  

Is Salvia legal in Germany?

The German government proposed that Salvia divinorum (all parts of the plant) be added to Appendix I of the German narcotics law on January 23, 2008. This bans production, trafficking, and possession. This legislation was ratified (reportedly on Febuary 15, 2008) and went into effect on March 1, 2008.  

Is Salvia legal in Hungary?

Salvia divinorum and Salvinorin A are not listed in Hungary's 2004 list of controlled narcotics. Salvia divinorum is legal to buy and sell in this country.  

Is Salvia legal in Iceland?

The import of all medicinal herbs requires either a doctor's prescription or an import license from the health administration. Reports have been made that permission to import Salvia divinorum was declined on the basis of its legal status in Denmark.  

Is Salvia legal in Italy?

The Italian Ministry of Health issued an ordinance prohibiting the sale of Salvia divinorum and Salvinorin A on June 25, 2004. On January 11, 2005, the Ministry of Health made possession of Salvia divinorum and Salvinorin A illegal by placing them in "Tabella I" of the Tabelle Sostanze Stupefacenti o Psicotrope (Italy's list of prohibited plants and substances).  Is Salvia legal in Ireland? Salvia divinorum is currently unscheduled in the Republic of Ireland.  

Is Salvia legal in Italy?

Salvia divinorum and Salvinorin A were added to the Tabella I (Italy's list of prohibited plants and substances) on Jan 11, 2005. Salvia divinorum is illegal to grow, possess, and distribute. In June 2004 an ordinance was passed making it illegal to sell Salvia divinorum and Salvinorin A.  

Is Salvia legal in Japan?

The Japanese government added Salvinorin A to its list of controlled substances on November 9, 2006. Salvinorin A was banned under a revised pharmaceutical law which took effect in April 2007. Import, production, and sale (except for medical treatment or research purposes) is subject to imprisonment of up to 5 years or a fine of up to five million yen.  

Is Salvia legal in Latvia?

Salvia divinorum was added to Latvia's list of controlled substances on May 12, 2009. This act was taken on advice from the Ministry of Health.  

Is Salvia legal in Lithuania?

Salvia divinorum was added to Lithuania's list of prohibited substances in 2008. This act was taken on advice from the Ministry of Health.  

Is Salvia legal in Netherlands?

Salvia divinorum is legal to buy, sell, and possess in this country.  Is Salvia legal in New Zealand? Salvia divinorum is legal to buy, sell, and possess in this country. There is an R18 age restirction on sales.  

Is Salvia legal in Norway?

The National Health Council of Norway listed Salvia divinorum as a medicinal herb that requires a doctor's prescription. Many Salvia divinorum vendors have reported that packages sent to Norway have been returned by customs because of this regulation. This regulation went into effect sometime during 2002.  

Is Salvia legal in Poland?

Salvia divinorum is not currently controlled in this country.  

Is Salvia legal in Portugal?

Salvia divinorum is not listed in any Portugese law or regulation.  

Is Salvia legal in Romania?

Salvia divinorum is not listed as a controlled substance in this country.  

Is Salvia legal in Russia?

Russia's Surgeon General issued a decree banning the sale of Salvia divinorum and various other psychoactive herbs in April 2009.  

Is Salvia legal in Singapore?

Salvia divinorum and Salvinorin A are not controlled in this country.  

Is Salvia legal in Slovenia?

Salvia divinorum is not controlled in this country.  

Is Salvia legal in South Africa?

Salvia divinorum is not controlled in this country. Salvia is legal to possess, sell, and import. Although South Africa has a law which prohibits the abuse of any substance, legislation has not used this to control Salvia divinorum.  

Is Salvia legal in South Korea?

On January 14, 2005, an article in Chosun Ilbo (a South Korean newspaper) reported that South Korea has revised their list of controlled drugs to include Salvia divinorum and Salvinorin A. The article does not provide much detail and can be found here.  

Is Salvia legal in Spain?

The Spanish Ministry of Health and Consumption issued an order prohibiting the sale of Salvia divinorum on January 28, 2004. This law only prohibits commerce, and does not make possession or use a crime.  

Is Salvia legal in Sweden?

Salvia divinorum and Salvinorin A were added to Sweden's list of controlled substances on April 1, 2006.  

Is Salvia legal in Ukraine?

Salvia divinorum and Salvinorin A are not listed in Ukraine's list of narcotic substances.  

Is Salvia legal in United Kingdom?

Salvia divinorum is not scheduled in the U.K., making it legal to buy, sell, or possess.        
 
   

 

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