Salvia is Illegal in:
- Australia since June 1, 2002
- Belgium – Salvia divinorum was added to a list of “illegal products” in May 2006.
- Denmark since August 23, 2003
- Estonia since April 2005 – Salvia divinorum is listed as a medicinal herb that requires a doctor’s prescription
- Finland since August 2002, unless with a relevant prescription from a doctor
- Italy since January 11, 2005, the sale and possession of Salvia divinorum and salvinorin A are illegal
- Japan – Salvinorin A is one of the thirthy-three controlled substances that has been said to be banned under a pharmaceutic law that should have taken effect since April 2007
- Norway – In 2002, The National Health Council of Norway has listed Salvia divinorum as a medicinal herb that requires a doctor’s prescription
- Spain since January 28, 2004
- South Korea – as of January 2005, both Salvia divinorum and Salvinorin A are controlled
- Sweden since April 1, 2006
- The United States: Louisiana, Missouri, Tennessee, Oklahoma, Delaware, Maine and North Dakota are the only states in the USA that have laws prohibiting possession of Salvia divinorum. (Illinois recently passed legislation that will make Salvia divinorum a schedule I contolled substance in that state beginning January 1, 2008.) Louisiana and Oklahoma have provisions in their laws that allow possession of the plant when it is not intended for human consumption. In Oklahoma, plain Salvia divinorum is legal, but extract-enhanced leaves are not. The state of Maine only prohibits possesion by minors. Possesion remains legal for adults in Maine; however, it is illegal for adults to sell or transfer Salvia divinorum to anyone under 18 years of age. Salvia divinorum is entirely legal in all other states. However, law makers in several other states are currently considering legislative bills that seek to ban Salvia divinorum in those states (see below).
- Louisiana – The new law, Act No. 159, went into effect on August 15, 2005 (Strain et al. 2005). Thus Louisiana became the first state in the USA to criminalize Salvia divinorum
- Missouri – Salvia divinorum and salvinorin A also became Schedule I substances in the state of Missouri
- Tennessee – A bill passed that classifies the knowing production, manufacture, distribution, or possession of the active chemical ingredient in the hallucinogenic plant Salvia divinorum as a Class A crime. It went into effect on July 1, 2006
- Oklahoma – On May 26, 2006 Salvia divinorum was added to the list of controlled substances
- Delaware – On March 16, 2006, Salvia divinorum was made a Schedule I controlled substance in that state
- Maine – A bill was signed into law on May 15, 2007, that regulates salvia 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
Salvia Under discussion
- Germany – Since May 2006 it is illegal to sell Salvia products in shops that are not drugstores. According to Erowid, as of July 2007, the BfArM may be considering scheduling Salvia divinorum and all of its parts
- Russia – Salvia divinorum is not controlled or illegal in the Russian Federation. However, information from “Timiryazevskaya Agricultural Academy” (botanical academy) and GNK officials (DEA-like organisation in Russia) suggest that the Russian authorities plan to control Salvia divinorum by mid-2007 (Erowid)
- United Kingdom – On October 19, 2005, John Mann, Member of Parliament, tabled an Early Day Motion urging the government to ban Salvia divinorum under the provisions of the Misuse of Drugs Act 1971 (Anon. 2005b; Mann 2005). So far, no further steps have been taken to ban Salvia divinorum in the United Kingdom (The Salvia divinorum Research and Information Center)
- US – Federal Legislation – The US Drug Enforcement Administration (DEA) is presently 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 (and consequently further infringing on the personal freedoms of American citizens). In July 2007, it became known that the DEA had recently 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:
- Actual and potential for abuse
- Other current scientific knowledge
- History and current pattern of abuse
- Scope, duration, and significance of abuse
- Public health risk
- Dependence liability
- If an immediate precursor of a controlled substance
Based on the results of the analysis, the DEA may recommend that Salvia divinorum be scheduled as a controlled substance. This analysis will probably take several months to be completed. If they do decide to criminalize it, it will take a minimum of 30 days after they give public notice of their intentions in the Federal Register before the change of legal status takes effect. (The Salvia divinorum Research and Information Center).
On January 25 of 2007, Representative John Lim (R) introduced House Bill 2494 to the Oregon State Legislature. If passed, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state.
On February 8, 2007, the bill that would make possession of Salvia divinorum a crime punishable by a $ 50 fine passed in the senate. It is now being considered by the State Assembly.
A proposed law that implies that any substance extracted from Salvia divinorum (water, chlorophyll, whatever) would be treated as a Schedule I controlled substance will probably go into effect on January 1, 2008.
Salvia divinorum is still legal here.
On January 16, 2007, a legislation on Salvia was reintroduced but has yet not passed.
Two bills were introduced that would classify Salvia divinorum and salvinorin A as Schedule I controlled substances in New Jersey. As of today, neither bill has come up for a vote.
Since May 2, 2006 several "Salvia bills" have been introduced to the Pennsylvania State Legislature. None of them has passed yet.
On January 10, 2007 a bill was introduced that seeks to add salvinorin A to that state’s list of Schedule I controlled substances. The text of the bill only mentions salvinorin A. It has not yet come up for a vote.
On January 18, 2007, the Governor’s Office of Drug Control Policy introduced Senate Study Bill 1051 to the Iowa State Legislature. This bill seeks to add Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. If passed, the bill would make it a serious misdemeanor to manufacture, deliver, or possess Salvia.
On January 18, 2007, a bill that seeks to add Salvia divinorum to that state’s list of Schedule I controlled substances was introduced, but has not yet come up for a vote.
On February 5, 2007, a bill was introduced to the California State Legislature which would make Salvia divinorum a Schedule I controlled substance in that state. It was defeated by committee vote, but a reconsideration (for which no date was set) was granted.
In Spring 2007 one "Salvia bill" died in committee, so it is still a legal substance.
On March 1, 2007, a bill was introduced that classifies the knowing production, manufacture, distribution, or possession of the active chemical ingredient in the hallucinogenic plant Salvia divinorum as a Class A crime. It has not yet come up for a vote.
Two "Salvia bills" that would make Salvia into a Schedule I drug are now being considered by the House. If either bill is enacted, the new law would take effect on September 1, 2007.
On May 9, 2007, a bill was introduced. If passed, this legislation would make Salvia divinorum a Schedule I controlled substance in that state.
*Names of some sources changed to protect their identities
FYi – Salvia is outlawed in Delaware. The state passed “Brett’s Law” in March 2006, 2 months after his death.
Even tho salvia is a herb, it’s toxic, a lethal punch to your brain. It can change the way you think, all the things you think you know, the feelings you feel, all will be changed. Scientists have proved it alters the brain chemistry in people under the age of 25 and has caused severe depression. Stay away from it.
i’ve smoked salvia on and off for 6 years now and the only thing its done to change me is to let me see that theres some seriously strange states of perception one can experience, i could understand how that kid thought “oh my god everythings pointless” but i’ve experienced the same thing the difference is, hes and idiot who didnt hold a high respect for life and it showed when he had to face the possibility that reality is false. false or not i stick around because its something to do. idiots shouldnt smoke strong hallucinogenic