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.

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.

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)

The U.S. Army Regulation 600-85, Army Substance Abuse Program specifically disallows the use of Salvia divinorum by name. See http://www.apd.army.mil/jw2/xmldemo/r600_85/main.asp . (thanks jh) (last updated Nov 28 2012)

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. Salvinorin A is chemically quite different from other scheduled substances and, as a plant, is quite unlikely to be targeted by this act.Sellingfor 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 includein the list of banned drugs. See Plant could get airmen in legal hot water , Jan 2004.(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 (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.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: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.

Caution : All legal information should be verified through other sources. [ see below

Schedule I. HB697 - Enacted July 17, 2010. Salvinorin A is misspelled as Salvinorum A. (last updated Mar 31, 2013)

SB 38 from 2007 did not pass. Senate Bill (SB) 52 would add Salvia 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)

Schedule I, as of March 2011. SB423. (last updated March 31, 2013)



California Analog Act Under the strict



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 ).Under the strict California Analog Act , Salvia divinorum could potentially be prosecuted if it is sold for human consumption as a psychoactive drug. It is unclear if the 2009 law removes this possible route for prosecution.

In June 2011, Colorado added Salvia divinorum (including salvinorin A) to its definition of "controlled substance". And made possession a class 2 misdemeanor. See states_co_2011_06_cannabinoid_salvinorin_control.pdf . (thanks k) (last updated Mar 31 2013)

Effective July 1 2011, Connecticut banned "Salvia divinorum; and Salvinorum A [sic]". See http://www.cga.ct.gov/2011/TOB/S/2011SB-01098-R00-SB.htm . (thanks k) (last updated Jul 12 2011)

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)

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 ).

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)

Effective July 1, 2011 Salvia divinorum is a controlled substance in Indiana. The law includes "all parts of the plant", the seeds of the plant, "any extract", and Salvinorin A. (see http://www.in.gov/legislative/bills/2011/HE/HE1102.1.html">http://www.in.gov/legislative/bills/2011/HE/HE1102.1.html). (thanks K) (last updated June 6 2011)

Schedule I as of Aug 29, 2011. (last updated Mar 31, 2013)

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 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)

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

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)

Currently a bill is underway to make Salvia divinorum Schedule I. (last updated Mar 31, 2013)

Several bills have failed to pass. (last updated Mar 31, 2013)

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)

A law passed on Jul 1, 2008 making possession a Gross misdemeanor. (last updated Mar 31, 2013)

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)

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)

Salvia and salvinorins were controlled in Nebraska in 2009. "(34) 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 whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation." See http://www.nebraskalegislature.gov/FloorDocs/101/PDF/Slip/LB123.pdf . (thanks WMS) (last updated Feb 2011)

Bill in 2008 to Schedule Salvia divinorum never passed completely. (last updated March 29, 2015)

Sales of Salvia divinorum are prohibited in New York as of April 2005. (last updated Mar 31, 2013)

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". A law banning the manufacture, sale, delivery, or possession ofand 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, one for "medical or pharmacological research" and one for "aesthetic, landscaping, or decorative purposes". See SL2009-0538 . (last updated aug 31 2009)

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)

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

Not yet controlled in Oregon. (last updated Mar 31, 3013)

Pennsylvania controlled Salvinorin A and Salvia Divinorum [sic, capital D] on June 23, 2011. See Senate Bill 1006, 2011, sponsored by Vogel (thanks dr) (last updated June 19, 2012)

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)

Bill to control Salvia divinorum and salvinorin never passed. (last updated March 29, 2015)

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)

After more than six years of unpassed bills, Salvia divinorum and Salvinorin A were added to the list of controlled substances in Texas in June 2013, effective Sep 1, 2013. The law seems to make an exception for "growing in its natural state", which is not clearly defined. See http://www.legis.state.tx.us/tlodocs/83R/billtext/html/HB00124F.htm "Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.". (thanks jh) (last updated Sep 4, 2013)

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)

Salvia divinorum). See Wisconsin banned manufacturing, distributing, or delivering salvinorin A (but not the raw plant). See http://docs.legis.wisconsin.gov/document/acts/2009/141.pdf : 2009 Wisconsin Act 141 for Salvinorin . It is possible that prepared extracts could be considered 'containers' of Salvinorin A, though since the law does not name the plant, the live or raw plant is likely not controlled under this statute. (thanks pz) (last updated July 31, 2012)

Wyoming has banned Salvinorin A, adding it to Schedule I along with several synthetic cannabinoid agonist receptors. See http://legisweb.state.wy.us/2011/Engross/HB0062.pdf (thanks S) (last updated Nov 6 2011)