State Laws on Salvia Divinorum
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In recent years, the drug Salvia Divinorum, or Salvia, has gained the attention of state legislators. Since 2006, at least 21 states have passed laws regulating or controlling the drug.
Salvia is an herb related to mint that is known for its psychoactive effects. The plant is native to parts of Mexico, where historically it has been used as part of indigenous religious rituals. Common methods of ingestion include infusing leaves into a tea; smoking dried herbs; and chewing. In the United States, use of Salvia is most common among 18-25 year olds and to a much lesser extent among adolescents (see chart below).
Percentages and Standard Errors (SE) of Past Year Hallucinogen Use among Persons Aged 12 or Older, by Age Group: 2006
| Hallucinogen |
12 or Older |
12 to 17 |
18 to 25 |
26 or Older |
| Percent |
SE |
Percent |
SE |
Percent |
SE |
Percent |
SE |
| LSD |
0.3% |
0.02 |
0.4% |
0.05 |
1.2% |
0.10 |
0.1% |
0.02 |
| PCP |
0.1% |
0.02 |
0.2% |
0.04 |
0.2% |
0.04 |
0.0+% |
0.02 |
| Ecstasy |
0.9% |
0.04 |
1.2% |
0.09 |
3.8% |
0.19 |
0.3% |
0.04 |
| Ketamine |
0.1% |
0.02 |
0.1% |
0.03 |
0.2% |
0.04 |
0.1% |
0.02 |
| DMT/AMT/Foxy |
0.0+% |
0.01 |
0.1% |
0.02 |
0.2% |
0.05 |
0.0+% |
0.01 |
| Salvia divinorum |
0.3% |
0.02 |
0.6% |
0.06 |
1.7% |
0.12 |
0.0+% |
0.01 |
Source: Substance Abuse and Mental Health Services Administration, Office of Applied Studies. (February 14, 2008). The NSDUH Report - - Use of Specific Hallucinogens: 2006. Rockville, MD. http://www.oas.samhsa.gov/2k8/hallucinogens/hallucinogens.htm |
Effects of Salvia
Salvia originally became popular as a legal alternative to marijuana. However, the effects are markedly different. The effects of Salvia are hallucinogenic and vary based on method of ingestion. For example, smoking Salvia can lead to strong, instantaneous effects, whereas chewing or drinking tea can lead to longer lasting scenarios, but less intense. Some common effects include uncontrollable laughter, visions, dysphoria, experiencing multiple realities, and loss of physical coordination. So far, there has been limited study into the long-term effects of Salvia or its potential for addiction or abuse or its potential medicinal benefits. Initial studies have found that since Salvia increases dopamine levels in the brain, it contains potential as an addictive substance. Other studies, though, have found that Salvia could have potential as a treatment for gastrointestinal disorders.
Legal Status
No Federal statutes control or regulate distribution of Salvia. So far, at least 21 states have felt the need to act, passing laws ranging from banning possession or sale for minors to outright bans. Some states have classified Salvia as a Schedule 1 substance, modeled after the federal Controlled Substances Act, where Schedule 1 substances are considered to have a high potential for dependency and no accepted medical use.
State Laws Regulating Salvia Divinorum (Last Updated May 6, 2010)
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California
Penal Code Section 379
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Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person who is less than 18 years of age, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. |
Delaware
16 Del.C. § 4714
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Lists Salvia as a Schedule I controlled substance.
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Florida
Annotated Title XLVI, Crimes Chapter 893. Drug Abuse Prevention and Control 893.03.
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Lists Salvia as a Schedule I controlled substance.
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Illinois
Illinois Compiled Statutes Annotated, Chapter 720. Criminal Offenses, Act 570. Illinois Controlled Substances Act, Article II. Schedules of Controlled Substances
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Lists Salvia as a Schedule I controlled substance. |
Kansas
Statute 61-4104, Controlled Substances
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Lists Salvia as a Schedule I controlled substance. |
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Kentucky
Kentucky Revised Statutes Chapter 218
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Lists Salvia as a Schedule I controlled substance. |
Louisiana
Louisiana Revised Statutes, Title 40—Public Health and Safety. Chapter 4—Food and Drugs. Part X. §989.1
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Lists Salvia as a Schedule I controlled substance. |
Maine
Maine Revised Statute Title 17: CRIMES. Chapter 70: Salvia Divinorum
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A person may not transfer Salvia divinorum to a minor. A minor may not Purchase, possess or use Salvia divinorum |
Maryland
Annotated Code of Maryland Courts and Judicial Proceedings Section 10–130 through 10–133 |
Prohibits a person from distributing Salvia divinorum or Salvinorin A to an individual under the age of 21 years; prohibits a person under the age of 21 years from possessing Salvia divinorum or Salvinorin A; |
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Minnesota
Minnesota Statutes 2008, section 152.027
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A person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor. A person who unlawfully possesses any amount of salvia divinorum or salvinorin
is guilty of a misdemeanor.
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Mississippi
Miss. Code Ann. § 41-29-113
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Lists Salvia as a Schedule I controlled substance. |
Missouri
Missouri Revised Statutes, Chapter 195, Drug Regulations, Section 195.017
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Lists Salvia as a Schedule I controlled substance. |
North Dakota
CHAPTER 19-03.1, UNIFORM CONTROLLED SUBSTANCES ACT
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Lists Salvia as a Schedule I controlled substance. |
Nebraska
Nebraska Revised Statutes 28-405
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Lists Salvia as a Schedule I controlled substance. |
North Carolina
North Carolina General Statutes Annotated 14-401.23
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(a) It shall be unlawful for any person to knowingly or intentionally manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver Salvia divinorum or Salvinorin A.
(b) It shall be unlawful for any person to knowingly or intentionally possess Salvia divinorum or Salvinorin A.
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Ohio
Ohio Revised Code Title 37, Chapter 3719.41, Controlled substance schedules.
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Lists Salvia as a Schedule I controlled substance. |
Oklahoma
Oklahoma Statutes Citationized Title 63. Public Health and Safety Chapter 2 - Uniform Controlled Dangerous Substances Act, Article 2 - Standards and Schedules, Section 2-204 - Schedule I
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Lists Salvia as a Schedule I controlled substance. |
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South Dakota
South Dakota Codified Laws 22-42-22
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Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor. No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A. |
Tennessee
Tennessee Code Annotated 39-17-438
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(a) It is an offense to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant Salvia divinorum A.
(b) The provisions of this section shall not apply to the possession, planting, cultivation, growing, or harvesting of the hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
(c) The provisions of this section shall not apply to any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the Federal Food and Drug Administration as a homeopathic drug.
(d) A violation of subsection (a) is a Class A misdemeanor.
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West Virginia
Code of West Virginia
§60A-4-413
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It is unlawful for any person to knowingly or intentionally manufacture or possess an extract, compound, concentrate, or other processed substance intended for human consumption which contains Salvia divinorum, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a licensed physician or dispensed by a pharmacist for a recommended or medically necessary therapeutic use. Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under section four hundred seven of this article, subject to the limitations specified in said section, or upon conviction, such person may be confined in jail not more than six months, or fined not more than $1,000, or both. Notwithstanding any other provision of this code to the contrary, any first offense for possession of Salvia divinorum shall be disposed of under section four hundred seven of this article.
The provisions of this section shall not apply to licensed physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the research or study of Salvia divinorum, and shall not include any person participating in clinical trials involving the use of Salvia divinorum.
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Wisconsin
Wisconsin Statute 941.318 |
Except as provided in sub. (3), whoever manufactures,
distributes, or delivers salvinorin A with intent that
it be consumed by an individual may be fined not more
than $10,000.
(3) (a) Subsection (2) does not apply to the manufacture
of any dosage form of salvinorin A that may be
obtained from a retail establishment without a prescription
and that is recognized by the U.S. Food and Drug
Administration as a homeopathic drug.
(b) Subsection (2) does not apply to the distribution
or delivery to an individual who is 18 years of age or older
of any dosage form of salvinorin A that may be obtained
from a retail establishment without a prescription and
that is recognized by the U.S. Food and Drug Administration
as a homeopathic drug. |
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