Salvia divinorum is not federally scheduled, but that does not mean it is legal everywhere. States have created a patchwork of bans, controlled-substance classifications, age limits, sales restrictions, and exceptions for the unprocessed plant. This state-by-state overview explains where salvia is prohibited or restricted, what the rules mean in California and Texas, and why you should verify local law before possessing, buying, or transporting it.
Is Salvia Legal in the United States?
Salvia (Salvia divinorum) is a rare herb in the mint family. It is native to the mountains of southern Mexico and known for its powerful hallucinogenic and psychoactive properties.
At the federal level, salvia is not listed in Schedule I through V of the Controlled Substances Act. The Drug Enforcement Administration identifies salvia as a hallucinogen and a drug of concern, yet its federal fact sheet does not assign it a controlled-substance schedule.[1]
State law is different from federal law. States may do any of the following.
So where is salvia legal? The answer depends on form, age, conduct, and jurisdiction. Is salvia divinorum legal if sold online? Not necessarily.
Learn more about salvia's effects and risks.
State-by-State Salvia Laws
The table below lists current salvia divinorum and salvinorin A laws using three cautious categories.
- Prohibited or controlled: State law controls salvia, salvinorin A, and relevant forms of the herb, or otherwise prohibits possession and distribution.
- Restricted: Age limits, sales limits, form-specific rules, or ornamental-use exceptions apply.
- No specific ban found: No current statewide criminal prohibition specific to salvia was identified during this review. General intoxication, impaired-driving, consumer-protection, shipping, and local laws may still apply.
| State | Status | What to know |
| Alabama | Prohibited/controlled | Both are controlled. |
| Alaska | No specific ban found | Verify state and local law. |
| Arizona | No specific ban found | Verify state and local law. |
| Arkansas | Prohibited/controlled | Both are controlled. |
| California | Restricted | Providing salvia divinorum or salvinorin A to a person under 18 is a misdemeanor. |
| Colorado | Prohibited/controlled | State law prohibits possession and distribution subject to statutory penalties. |
| Connecticut | Prohibited/controlled | Both are controlled. |
| Delaware | Prohibited/controlled | Salvia is Schedule I. |
| Florida | Prohibited/controlled | Both are Schedule I substances. |
| Georgia | Restricted | State law controls salvia but includes a narrow ornamental, landscaping, or decorative exception. |
| Hawaii | Prohibited/controlled | Both are controlled. |
| Idaho | No specific ban found | Verify state and local law. |
| Illinois | Prohibited/controlled | Salvia is Schedule I. |
| Indiana | Prohibited/controlled | Both are controlled. |
| Iowa | Prohibited/controlled | Both are controlled. |
| Kansas | Prohibited/controlled | Both are controlled. |
| Kentucky | Prohibited/controlled | Salvia divinorum is controlled. |
| Louisiana | Prohibited/controlled | Prohibited except for limited lawful research or ornamental circumstances defined by law. |
| Maine | Restricted | Transfer to and possession or use by minors are prohibited. |
| Maryland | Restricted | Distribution to and possession by people under 21 are prohibited. |
| Massachusetts | No specific ban found | Verify state and local law. |
| Michigan | Prohibited/controlled | Both are Schedule I substances. |
| Minnesota | Prohibited/controlled | Possession and sale are prohibited under state law. |
| Mississippi | Prohibited/controlled | Salvia is Schedule I. |
| Missouri | Prohibited/controlled | Salvia is Schedule I. |
| Montana | No specific ban found | Verify state and local law. |
| Nebraska | Prohibited/controlled | Both are Schedule I substances. |
| Nevada | No specific ban found | Verify state and local law. |
| New Hampshire | Prohibited/controlled | Salvia divinorum is controlled. |
| New Jersey | No specific ban found | Verify state and local law. |
| New Mexico | No specific ban found | Verify state and local law. |
| New York | Restricted | State law prohibits sale of salvia divinorum; local restrictions may be broader. |
| North Carolina | Prohibited/controlled | Both are Schedule I substances. |
| North Dakota | Prohibited/controlled | Both are Schedule I substances. |
| Ohio | Prohibited/controlled | Both are Schedule I substances. |
| Oklahoma | Prohibited/controlled | Both are Schedule I substances. |
| Oregon | No specific ban found | Verify state and local law. |
| Pennsylvania | Prohibited/controlled | Both are Schedule I substances. |
| Rhode Island | Restricted | Salvinorin A and extracts are controlled; the unaltered plant is treated differently. |
| South Carolina | No specific ban found | Verify state and local law. |
| South Dakota | Prohibited/controlled | Possession is prohibited, with penalties affected by amount. |
| Tennessee | Restricted | Prohibits salvia intended for consumption but includes an ornamental or landscaping exception. |
| Texas | Prohibited/controlled | Most harvested forms and salvinorin A are in Penalty Group 3; an unharvested plant growing naturally is excluded. |
| Utah | No specific ban found | Prior scheduling proposals did not establish a clear current statewide ban; verify current code and local rules. |
| Vermont | No specific ban found | Verify state and local law. |
| Virginia | Restricted | Salvinorin A is Schedule I, even though the statute does not name every form of the plant. |
| Washington | No specific ban found | Other laws, including rules involving marketing to minors, may apply. |
| West Virginia | Prohibited/controlled | Both are Schedule I substances. |
| Wisconsin | Restricted | Salvinorin A is Schedule I, and manufacture or distribution for human consumption is restricted. |
| Wyoming | Prohibited/controlled | Salvinorin A is controlled, which can affect products containing it. |
This table is educational, not legal advice. State codes, regulations, court interpretations, and local ordinances can change.
Is Salvia Legal in California and Texas?
The laws around possession, sale, and use of salvia or its compounds can differ sharply depending on the state. California and Texas illustrate those differences well.
Is salvia legal in California?
California does not impose a complete statewide ban on adult possession of salvia. Penal Code section 379 makes it a misdemeanor to sell, give, furnish, distribute, or offer salvia divinorum or salvinorin A to a person under the age of 18.[8]
Local rules and general laws involving impaired driving, endangerment, or mislabeled products still apply. Confirm current state and local requirements before buying or transporting salvia.
Is salvia legal in Texas?
Most salvia products are not legal to possess without authorization in Texas. The Texas Controlled Substances Act places salvia divinorum and salvinorin A in Penalty Group 3. The definition is broad and includes the plant, seeds, extracts, compounds, mixtures, and preparations, but excludes an unharvested plant growing in its natural state.[5]
Penalties depend on the amount possessed and the alleged conduct. Anyone facing charges involving salvia should seek advice from a Texas-licensed attorney.
What Do Salvia Restrictions Mean in Practice?
Because salvia laws differ so much from state to state, confusion about its legal status persists.
One state may prohibit sales to minors without banning adult possession, while another controls salvinorin A but treats the unprocessed plant differently. Local ordinances and school, probation, housing, treatment, or workplace policies may be stricter.
Shipping salvia from a state where it is legal does not cancel the destination state's law. Never assume an online order or a purchase in another state is lawful to receive or transport.
No state permits impaired driving. If someone is unconscious, badly injured, unable to breathe normally, or experiencing seizures after taking salvia, call 911 immediately. Otherwise, contact Poison Control at 1-800-222-1222.
It is also worth reviewing overdose response guidance.
When Salvia Use Becomes a Health Concern
Salvia's effects can trigger panic, falls, confusion, or dangerous behavior. That is especially true when it is combined with other drugs or alcohol, or used around traffic, water, heights, machinery, or weapons.
Treatment depends on your individual needs, not on federal or state salvia law. A professional assessment may recommend inpatient treatment, intensive outpatient programs, or mental health therapy.
Legal Does Not Mean Predictable or Safe
Salvia laws focus on possession and distribution, but the practical concern is the harm the drug can do when it is misused.
10.4M9
Americans reported using hallucinogens in the previous year, as of 2024.
01
Federal controlled-substance schedules currently list salvia divinorum.
That broader hallucinogen figure does not measure salvia use alone, but it shows why accurate, substance-specific information matters. Whether salvia is controlled, restricted, or not specifically prohibited where you live, do not treat online availability as proof of legality or safety, and seek help when use becomes risky or hard to control.
You can also use our comprehensive drug rehab directory to search treatment programs by location, insurance, and level of care.
Related Topics
Salvia Legality Questions People Ask Most
Is salvia legal federally?
Salvia divinorum and salvinorin A are not currently scheduled under the federal Controlled Substances Act. State and local laws may still prohibit or restrict them.
What states is salvia legal in?
Several states have no specific statewide salvia prohibition, but legal can be misleading because local ordinances, age rules, product laws, and general impaired-driving laws may apply. Verify the current official code where you live.
Is salvia legal in California?
California does not impose a complete statewide ban on adult possession, but it is a misdemeanor to provide salvia divinorum or salvinorin A to anyone younger than 18. Local laws may be stricter.
Is salvia legal in Texas?
Most salvia products are controlled in Texas under Penalty Group 3. The law includes salvia divinorum, salvinorin A, plant material, seeds, extracts, and preparations, with a narrow exception for an unharvested plant growing naturally.
Can you legally order salvia online?
Online availability does not establish legality. Ordering, receiving, or shipping salvia may violate the law in the destination state or locality, even if the seller operates somewhere without a specific ban.
Can you travel with salvia between states?
Transporting salvia into a state where it is controlled or prohibited can create criminal risk. Do not rely on the law of the state where it was purchased. Check every jurisdiction involved.
