Salvia
Legal Status
U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY | |
Salvia divinorum | |
REGULATED | No |
STATUS | Not Approved For Human Consumption |
SCHEDULE | Un-Scheduled |
Salvia divinorum is uncontrolled in the United States. 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.
California Analog Act
Under the strict California Analog Act, salvia 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 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:
Salvinorin is not a chemical analog of any scheduled substance.
Federal Analogue Act of 1986
California Analog Act of 1988
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.
California Analog Act
Under the strict California Analog Act, salvia 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 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, Salvia may be subject to control under the Analogue statutes because of its functional pharmacological similarities to other CI hallucinogens like THC."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 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.
-- from DEA Diversion Salvia Page Feb 2002
Salvinorin is not a chemical analog of any scheduled substance.
Federal Analogue Act of 1986
California Analog Act of 1988
US Military #
US Navy: K writes: Salvia Divinorum is now on the list of banned substances for the US Navy. It is not tested for, however, if you are found in possession or using it you 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)
US 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. STATE LAW #
Delaware #
Bill outlawing Salvia divinorum signed on May 02 2006 adds it to schedule I of the Delaware state controlled substances law. Bill Banning Salvia divinorum, now passed (May 8 2006). (Thanks to Logan)
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 and Update June 2005)
Missouri #
On Aug 28, 2005 House Bill 633 was incorporated into
195.017 of Missouri's drug regulation statutes. Thus, Salvia and salvinorin A became Schedule I substances in that state. As far as Erowid knows, Missouri is the first state in the U.S. to actually schedule s. divinorum or its active chemical.
http://www.moga.state.mo.us/statutes/chapters/chap195.htm. (Thanks Q)
St. Peters city passed an ordinance banning sales of Salvia divinorum to minors aged 17 or younger. Jan 2003. (St Peters Journal - Jan 26, 2003)
HB165 introduced in state legislature, proposing addition of S.divinorum to list of scheduled substances. No hearing scheduled as of Jan 2005. (MO House of Representatives)
St. Peters city passed an ordinance banning sales of Salvia divinorum to minors aged 17 or younger. Jan 2003. (St Peters Journal - Jan 26, 2003)
HB165 introduced in state legislature, proposing addition of S.divinorum to list of scheduled substances. No hearing scheduled as of Jan 2005. (MO House of Representatives)
New Jersey #
New Jersey lawmakers are reportedly considering a ban of Salvia divinorum: courier post online, may 18 2006. No law concerning Salvia d. known, but a mention in news about Northern Monmouth includes the following curious text: app.com 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 embroglio)
New York #
New York is moving to control Salvia divinorum. State Targets Tripped Out Herb - Long Island Press, June 16 2005. Also see the text of the proposed law taken from the very, very awful web site at: http://public.leginfo.state.ny.us/ . (Thanks Embroglio)
Tennessee #
Tennessee legislature moving rapidly to ban salvinorin. See Ban on hallucinogenic passed by House (May 2006). See also: Tennessee House and Tennessee Senate. (Thanks Embroglio)
If you have information about the legal status of this substance in any other U.S. state, please let us know.
INTERNATIONAL LAW #
Australia #
The Australian National Drugs & Poisons Scheduling Committee recommended in November 2001 to have Salvia divinorum and salvinorin A added to Australia's strictest schedule, Schedule 9. The recommendations took effect on June 1, 2002, making dried or prepared S. divinorum illegal to buy, sell, or possess.
While drug laws fall under under state jurisdiction in Australia, most states automatically incorporate changes and additions to federal law into the law of the state. This means that for all practical purposes, S. divinorum should be assumed to be controlled in all of Australia.
It is unclear whether live S. divinorum plants are now illegal as well. According to Shaman Australis, prior to this ruling, there were only three plants that were illegal in Australia: Erythroxylum species that contain cocaine, the opium poppy, and Cannabis. Other plants that contain scheduled substances are not generally considered illegal as long as the active chemicals are not extracted from them and they are not prepared for use (much as in the United States). This is likely now the case with S. divinorum as well.
Australia is the first country to have pass laws against the possession of Salvia divinorum.
While drug laws fall under under state jurisdiction in Australia, most states automatically incorporate changes and additions to federal law into the law of the state. This means that for all practical purposes, S. divinorum should be assumed to be controlled in all of Australia.
It is unclear whether live S. divinorum plants are now illegal as well. According to Shaman Australis, prior to this ruling, there were only three plants that were illegal in Australia: Erythroxylum species that contain cocaine, the opium poppy, and Cannabis. Other plants that contain scheduled substances are not generally considered illegal as long as the active chemicals are not extracted from them and they are not prepared for use (much as in the United States). This is likely now the case with S. divinorum as well.
Australia is the first country to have pass laws against the possession of Salvia divinorum.
Belgium #
Salvinorin-A ("Salvorin A") was added to the list of controlled psychotropic substances on Oct 18, 2004. [Moniteur Belge/Belgisch
Staatsblad].
Canada #
Salvia divinorum is not controlled in Canada.
Denmark #
Salvia divinorum (and salvinorin) were added to category B of the controlled substances list on August 23, 2003. (text of law)
Estonia #
Nfo wrote to us saying that: "In Estonia one requires a doctor's prescription to use any substances/products containing salvinorin. This means that Salvia divinorum is banned in Estonia (import, cultivation..)." (Unconfirmed, thanks nfo).
Finland #
In August 2002, Finland passed laws against the importation of Salvia divinorum.
Germany #
Salvia divinorum is not controlled in Germany. (Unconfirmed, thanks Ujo). Erowid received the following comment in Dec 2005:
Two months ago I was travelling by train from Amsterdam through Germany and I was searched by German police.They confistated 1/2 gram of Salvia divinorum from me and I just received a fine for 100 euros in the mail. Either it is controlled or I'm the victim of an overzealous German district attorney. - JM
Israel #
"S. divinorum has been sold by small vendors in Israel but low demand caused at least one vendor to stop selling it. The chief pharmacist at the Ministry of Health told one inquirer that it was not illegal to possess but might not be legal to sell because its not an approved drug. Individuals have reported that they have imported S. divinorum into Israel through customs without incident, although additional border taxes may be applied." - Aly.
Italy #
S. divinorum and salvinorin A were added to the "Tabella 1" (list of prohibited plants and substances) in a Jan 11, 2005 Ministry of Health statement. Salvia is illegal to grow, possess, distribute, etc. This follows a Jun 2004 ordinance making it illegal to sell Salvia divinorum and salvinorin A. (Text of Jan 11 2005 decree: Gazzetta Ufficiale N. 54 del 07 Marzo 2005; text of Jun 2004 ordinance)
(Thanks xochi, alberto, ^DiO-LeCcIo^) First Arrest in Italy Related to S. divinorum, May 19 2005
Japan #
Salvia divinorum is sold in head shops in Japan.
Netherlands #
Salvia divinorum is legal to buy, sell and possess in the Netherlands.
Norway #
Salvia divinorum is not specifically controlled in Norway, but the national health council has said it considers it a prescription drug based on its use as a psychoactive drug. http://www.lovdata.no/for/sf/hd/td-19991227-1565-0.html#1 (Thanks dodecha).
Poland #
Salvia divinorum is not currently controlled, but some people say police confiscate it saying it is a 'drug'. (Unconfirmed, thanks K)
Portugal #
Salvia divinorum is not listed in any Portugese law or regularion that we know of. (Thanks J)
Singapore #
Salvia divinorum and Salvinorin are not controlled in Singapore. (Unconfirmed, thanks t)
South Africa #
Salvia divinorum is not controlled in South Africa and legal to possess, sell, and import. South Africa has, however, a law which prohibits the "abuse" of any substance, but the legislation has not been used to control Salvia divinorum. See Higly Legal - Mr Spencer (Thanks DL, Willystyle)
South Korea #
As of January 2005, both Salvia divinorum and Salvinorin A are controlled in S. Korea. (media) (Thanks M)
Sweden #
As of Apr 1, 2006, Salvia divinorum and any product containing salvinorin are illegal to sell or possess. (Thanks Perdador, SA) Salvia is considered a "Häsofarlig Vara" (Hazardous Compound). See fhi.se. (Thanks mbobbo)
Perdador writes: "Up until that very day, online shops sold extracts and leaves for reasonable prices. The online shops seem to follow the new laws, and it is now hard to find any extracts or leaves of the plant from within Sweden. However ordering from other EU countries is still possible and the risk of getting caught is probably very low since the customs don't actively search for salvia divinorum, and probably will not even in the future because of how rare the drug is. During the last weeks before March 1 2006 prices were dumped very low on the swedish online shops that wanted to get rid of all their salvia divinorum in time, and the interest in the drug has probably never been greater because of the change in law." (Mar 3, 2006)
U.K. #
Salvia divinorum is unscheduled in the U.K., making it legal to buy, sell or possess. DW Writes:
If you have information about the legal status of this substance in any other country, please let us know.
Khat (Catha eduluis), Salvia divinorum, Ma Huang, and Yohimbe are widely accepted as "legal highs" here in the UK. In fact it is not just 'head shops' where you can buy these plants (live or prepared). Some plant nurseries sell them, including some with awards from the Royal Horticulture Society.Bassetlaw MP John Mann has raised an 'Early Day Motion' in Oct 2005 (a notice for Commons debate) following on from a local newspaper report in the Worksop Guardian. Although there are lots of early-day motions and most do not become a law, they can indicate the direction of Parliament. (Thanks to Chris).
Some Conservative Members of Parliament bring up the legal issues around these plants, but nothing has changed in the law. In the teen drug treatment world, these drugs are rarely seen or mentioned as they are generally unknown among British teens. I have heard rumors that people have been charged with intoxicated driving for driving while on these drugs, but have seen no confirmation. -- DW
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.
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