Legality

Salvia:  Legality

Salvia divinorum is a member of the sage family which has been harvested and used as a means of divination, shamanism, and medicinal purposes for centuries by the Mazatec Indian tribe, who also refer to it as “Herb of Mary” and “Shepherdess.” (1)  Salvia produces intense hallucinations similar to LSD, noting the intensity of “trips” it produces to be the most intense of all hallucinogens. Active psychoactive ingredients in S. divinorum may also be extracted, concentrated, and sold as a concentrate or mixed with or sprayed onto plant material. S. divinorum‘s pharmacological effects are similar to other hallucinogens regulated under the Controlled Drugs and Substances Act (CDSA), such as dimethyltryptamine and ketamine. (2)  It stands to reason why its legality has been challenged by both the United States and other countries worldwide. Even though salvia proves to be non-addictive, non-habit forming, and does not present a danger to public health or safety it is still an extremely powerful herb that alters consciousness. For that reason alone, it should have some limitations on sales, especially to minors.

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In 2002 representative Joe Bacca (D-Ca) introduced Congress Bill HR5607, which would ban salvia on the national level in all states. The bill failed to pass; however, several individual states took the liberty of banning it themselves. For example, Louisiana, Missouri, Tennessee, Delaware, Florida, Illinois, North Dakota, and Minnesota have so far passed laws prohibiting Salvia divinorum. Salvia divinorum remains legal in other states although some bills have died during session, the situation is subject to further change pending the outcome of more recent bills still at the proposal stage. (3)

The following overview is current as of October 2016 and displays the legal status around the globe. It is important to remember that each state has the power to impose laws governing individual cities; which may or may not differ from the state law. It is always wise before purchasing, selling, or consuming salvia divinorum or salvorin A to check the legislature in your city and state to ensure the legality.

List of Countries imposing restrictions on Salvia Divinorum and Salvorin A:

• Australia- Banned June 1, 2002
• Belgium- Added to the list of “Illegal Products” May 2006
• Canada- August 12, 2015 Salvia divinorum and Salvorin A were added to the list of controlled substances with a Schedule IV classification(9)
• Denmark- Banned Salvia August 23, 2003
• Estonia- April 2005 salvia divinorum was listed as a medicinal herb which requires a physician’s prescription to obtain
• Finland- August 2002 salvia requires a physician prescription as well
• Italy- January 1, 2005 Salvia divinorum was made illegal
• Japan- Salvia divinorum and Salvinorum A are both listed as one of 33 controlled substances banned as of April 2007
• New Zealand- Illegal under the “Psychoactive Substances Act of 2014”
• Norway-In 2002, the National Health Council of Norway states Salvia Divinorum requires a prescription by an authorized physician to obtain
• Poland-As of May 2009, the sale, possession and consumption are illegal
• Spain- January 28, 2004 banned
• South Korea-As of January 2005 both Salvia divinorum and Salvorin A were added to the list of controlled substances
• Sweden- Banned April 1, 2002
• Ukraine- Banned since 2010
• United Kingdom- May 26, 2016 Salvia divinorum and Salvorin A was made illegal under the “Psychoactive substance Bill” (4)
• United States- The number of states prohibiting salvia divinorum and salvorin A is constantly increasing. Once prohibited, the sale and possession of either may be punishable by a prison sentence of 5 years. (5)

List of Countries/States where Salvia Divinorum and Salvorin A remain legal:

• California- restricts sales and consumption to minors under the age of 18
• Maine- sales and consumption to minors under the age of 18 are prohibited
• Brazil- remains legal
• France- remains completely legal with no limitations to minors (2)

(8) Disclaimer: This chart provides the most up-to-date statuses of the legality of Salvia; however, before purchasing or consuming in your area, it would be wise to ask around. Legislatures vary inside states, and some cities may impose their own legislature on it. For example, Boston has outlawed the possession and consumption as well as sales in the city,which is stricter than those in the rest of Massachusetts.