Salvia Laws

Salvia Laws

Salvia Laws | Is Salvia Legal Where You Are?



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Salvia divinorum is uncontrolled in the United States by federal law, but is controlled in some states (see state law). This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.

The federal analog act generally requires that, in order to qualify as an analog, a substance must be chemically similar to a substance which is federally scheduled. Salvia divinorum is chemically quite different from other scheduled substances and as a plant is quite unlikely to be targeted by this act.

Selling Salvia divinorum for human consumption as a "drug" is probably illegal in the US under the Food, Drug & Cosmetics Act and its sale as a drug would be regulated by the FDA. Selling an unapproved drug in the US can be prosecuted under the FD&C's "misbranding" clause. (FD&C Section 502) The more it is packaged and marketed as a drug (for example a 10x extract hyped as 'the new ecstasy') the more likely it is to be treated as an "illegal drug" by law enforcement agents.

The US Air Force is considering whether to include Salvia divinorum in the list of banned drugs. See Plant could get airmen in legal hot water, Jan 2004.

Update (June 2007): Between November 2006 and May 15, 2007, legislation was introduced to ban possession or sale of Salvia divinorum in fourteen additional states. See Salvia divinorum Law Update

Update (July 2007): Daniel Siebert reports that the DEA has initiated an Eight Factor Analysis of S. divinorum, which is the first step in the process of recommending a substance be scheduled (See Sage Wisdom Legal) although other sources say this is not the case.

California Analog Act

Under the strict California Analog Act, Salvia divinorum could potentially be prosecuted if it is sold for human consumption as a psychoactive drug.

US Federal Analogue Act

Under the Federal Analogue Act, Salvia divinorum fails to meet the "chemically similar" criteria and thus is not subject to the analogue act provisions. However, the DEA has recently changed their view on this and now states:

"Salvia divinorum, Salvinorin A, and Divinorin A are not listed in the Controlled Substances Act. If sold for human consumption, S. divinorum may be subject to control under the Analogue statutes because of its functional pharmacological similarities to other CI hallucinogens like THC."

-- from DEA Diversion Salvia divinorum Page - Feb 2002

However the DEA's analysis is completely flawed. The Federal Analogue Act, as currently understood requires that a substance be "chemically similar" to a controlled substance not "pharmacologically similar" as the DEA suggests in their quote. Very little is known about the pharmacology of Salvia divinorum and there is still much unknown about the pharmacology of THC. Saying the two are 'pharmacologically similar' might satisfy the paragraph II of the Analogue Act test, but its also just wrong. Perhaps the DEA has performed human pharamcology studies on salvinorin that they are keeping secret, but most likely the authors of this article are just trying to use their position to further extend the reach of their power well beyond the scope of the law.

Salvinorin is not a chemical analog of any scheduled substance.



Federal Analogue Act of 1986

California Analog Act of 1988#



U.S. MILITARY RULES

U.S. Navy

We have been told that Salvia divinorum is now on the list of banned substances for the U.S. Navy but is not tested for in drug tests. Those found in possession or using it will be charged under UCMJ Article 92 "Failure to Obey Order or Regulation". (unconfirmed)

The Navy Awareness Training on Salvia Divinorum, Feb 2004 (orig) states that sailors may be disciplined under SECNAVINST 5300.28C and OPNAVINST 5350.4C as general prohibitions against the "illicit" use of intoxicants. These reportedly do not apply to religious / spiritual use, although we do not know the details of these exemptions. (thanks DN)

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 Navy.

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 S. divinorum.

U.S. STATE LAW

Alaska

SB 38 from 2007 did not pass. Senate Bill (SB) 52 would add divinorum to Schedule IIA. See http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0052A&session=26. (last updated Feb 26, 2009) (thanks S)

California

Effective Jan 1 2009, sale of Salvia divinorum or salvinorin A to anyone under the age of 18 will be a misdemeanor, punishable by imprisonment of up to 6 months or a $1,000 fine (see AB 259 history, text of law).

Delaware

SB259 ("Brett's Law") was signed on May 2, 2006, adding Salvia divinorum to schedule I of the Delaware state controlled substances law. Reference. Salvinorin A is not covered by the law. (thanks L)

Florida

Effective July 1, 2008, Salvia divinorum and salvinorin A have been added to Florida's list of Schedule I controlled substances, making them illegal to possess, buy, or sell. The law exempts from control any drug product containing Salvia divinorum or salvinorin A that has been approved by the FDA. (see text of bill).

Georgia

A law signed on June 3, 2010, adds Salvinorin A to the list of "dangerous drugs" and adds Salvia divinorum to a list of banned drugs, with an exception for ornamental plantings: "(4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes;". See

http://www.legis.state.ga.us/legis/2009_10/sum/hb1021.htm. (thanks t) (last updated June 17 2010)

Illinois

Effective Jan 1, 2008, Salvia divinorum (including any plant part, extraction, or preperation) is included in the Illinois Controlled Substances Act list of Schedule I substances, making it illegal to possess or sell. (text of law) (Illinois Controlled Substances Act) News: New Year, New Laws, Dec 25 2007 Chicago Tribune.

Iowa

Senate Study Bill 1051 was introduced in January 2007, proposing to add Salvia divinorum and salvinorin A to the state's 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". The bill was replaced by the nearly-identical bill SB 226. Reference: ODCP Update. (last updated May 1, 2007) (thanks S)

Kansas

On April 24, 2008 Kansas SB 481 was signed into law, adding Salvia divinorum to the state's list of Schedule I controlled substances, the most restrictive category. The law restricts "all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not..." and "any extract from any part of such plant, and every compound, manufacture, salts, isomers and salts of isomers [of the plant]...", which would presumably include salvinorin A. (see text of bill)

Kentucky

Kentucky banned cannabinoid agaonists, piperazines and salvia divinorum on April 13, 2010, with the governor signing HB 265 2010. See KY HB265 (thanks mjj) (last updated May 18 2010)

Louisiana

Effective Aug 8, 2005 (signed into law Jun 28, 2005) Louisiana Act No 159 makes 40 plants illegal, including S. divinorum, when intended for human consumption. The law specifically excludes the "possession, planting, cultivation, growing, or harvesting" of these plants if used "strictly for aesthetic, landscaping, or decorative purposes." (Text of HLS_05RS-52 (orig) and Update Jun 2005)

Maine

On May 15, 2007 state bill LD 66 was signed into law, making it illegal for anyone under the age of 18 to purchase, possess, or use Salvia divinorum or salvinorin A. The original bill, which would have banned Salvia altogether, was rewritten after public hearings. (last updated Jun 1, 2007) (thanks M, S)

Michigan

A law controlling Salvia divinorum and salvinorin A, adding them to Michigan's Schedule I list, was signed on Sep 30 2010 and took effect Oct 1 2010. Legislature.mi.gov 2009-2010 Public Act 0171. (thanks an) (last updated Oct 23 2010)

Mississippi

Effective July 1 2008, Salvia divinorum has been added to Mississippi's list of Schedule I controlled substances, making it illegal to buy, sell, or possess (see text of SB 2456, bill history). The law does not specifically mention salvinorin A. (thanks BH, SLL, A1)

Missouri

On Aug 28, 2005 House Bill 633 was incorporated into 195.017 of Missouri's drug regulation statutes. S. divinorum and salvinorin A became Schedule I substances in that state. As far as Erowid knows, Missouri was the first state in the U.S. to schedule S. divinorum or its active chemical.

http://www.moga.state.mo.us/statutes/chapters/chap195.htm. Violation of this law is a felony. (thanks Q)

Nebraska

Legislative Bill 123 : "Salvia divinorum or Salvinorin A. Salvia divinorum or Salvinorin A includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, derivative, mixture, or preparation of such plant, its seeds, or its extracts, including salts, isomers, and salts of isomers..." Expected to take effect sometime in 2009. (last updated Feb 26, 2009) (thanks S)

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 Apr 6, 2006. As of May 2, 2007, neither bill has been subject to a vote, and both are probably dead. References: Press Release. (last updated May 2, 2007)

(thanks S)



Mention in news about Northern Monmouth includes the following curious text: "GRAND TOUR: Two 15-year-old borough males were charged on Sept. 10 with illegal possession of Salvia divinorum with intent to distribute by Sgt. Kevin Roake." (thanks E)

New York

Several bills have been proposed starting in the mid 2000s to control or prohibit the sale of Salvia divinorum and related products. As of Nov 18, 2009, no bill has survived to become a possible law. See New York State Assembly Bill Search. Several bills to control Salvia divinorum or salvinorin have failed to pass in New York State in the last few years. (last updated Nov 18 2009)

North Carolina (NC)

A law banning the manufacture, sale, delivery, or possession of Salvia divinorum and Salvinorin A was passed on Aug 28, 2009. The law takes effect on December 1, 2009. A violation of the law is punished as an infraction for the first two covictions (ticket-type crime with minimum $25 fine) and as a Class 3 misdemeanor after that. The law includes two exceptions by which one can legally possess, plant, cultivate, grow, or harvest S. divinorum, one for "medical or pharmacological research" and one for "aesthetic, landscaping, or decorative purposes". See SL2009-0538. (last updated aug 31 2009)

North Dakota

Senate Bill 2317 was signed into law April 26, 2007, adding Salvia divinorum and salvinorin A to the state's list of Schedule I controlled substances. Reference: bill history. (thanks S)

Ohio

As of Apr 1, 2009, Salvia divinorum is now controlled in Ohio. See codes.ohio.gov/orc/3719.41 and Independent Collegian. (thanks J) (last updated Apr 13, 2009)

Oklahoma

Effective Nov 1 2008, Oklahoma's existing controls on salvia have been dramatically increased. Salvia and salvinorin A are listed in the state's Schedule I controlled substances (most restrictive, see OK Schedule I). Possession is now a felony offense punishable by up to 10 years in jail, and the distribution of salvia is punishable by 5 years to life in prison. (see article)

Oregon

House bill 2494 was entered into the house. If passed the bill will criminalize salvinorin A and Salvia divinorum: Creates crime of unlawful possession of salvinorin A or Salvia divinorum. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of unlawful manufacture or delivery of salvinorin A or Salvia divinorum. Punishes by maximum of 20 years imprisonment, $375,000 fine, or both. Requires State Board of Pharmacy to classify salvinorin A or Salvia divinorum as Schedule I controlled substance.

[ http://landru.leg.state.or.us/07reg/measures/hb2400.dir/hb2494.intro.html ]

As of May 2, 2007, this bill does not appear to have passed. Two similar bills previously failed to pass in 2003. (thanks J, S)

Pennsylvania

Several bills have been proposed to control Salvia divinorum in Pennsylvania, but none have yet been passed and signed into law. (last updated Jun 17 2010)

South Dakota

HB 1090 - Feb 24 2009 : An act to prohibit the possession of Salvia divinorum and make it a class 1 misdemeanor to possess up to two ounces of Salvia divinorum and a Class 6 felony to possess more than two ounces. This law is expected to pass and take effect in March, April, or May 2009. (last updated Feb 26, 2009) (thanks S)

Tennessee

Tennessee has made it a class A misdemeanor 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", along with the strangely-worded caveat that this prohibition does not apply to "the possession, planting, cultivation, growing, or harvesting of such hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes." Upon approval, SB3247 was designated TCA 39-17-452. The law took effect on Jul 1, 2006. See also: Ban on hallucinogenic passed by House (last updated May 2006) (thanks E and MG)

Texas

March 2007 saw the introduction of three bills to control Salvia divinorum in the state of Texas. All three of them appear to have failed, and new action is not expected until the next legislative session. The three bills are HB3784 (Bill history), HB 2347 (Bill history), and HB 1796 (Bill history). (last updated Aug 16, 2007) (thanks S, C)

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. Reference: Salt Lake Tribune, Oct 17 2007. (last updated Oct 2007)

Virginia

Effective July 1, 2008, salvinorin A will be included in Virginia's list of Schedule I substances and will be illegal to buy, sell, or possess without a license. The law does not specifically mention Salvia divinorum, which will presumably be illegal by extension. (see text of HB21 and bill history). (thanks W)

Wisconsin

Wisconsin banned Salvia divinorum and salvinorin A (see 2009 Wisconsin Act 141 for Salvinorin). (thanks jk) (last updated Mar 30, 2010)

Wyoming

HB 0049 was introduced in 2006, and died without coming to a vote. (last updated Apr 30, 2007) If you have information about the legal status of this substance in any other U.S. state, please let us know.


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