THE LEGAL STATUS OF SALVIA DIVINORUM

(This page was last updated on August 12, 2015)

The Salvia divinorum Research and Information Center

is created and maintained by

Daniel Siebert



Legal Status

Salvia divinorum is a valuable medicinal herb. Because it produces profoundly introspective states of awareness, it is intrinsically unsuitable for recreational use (i.e., it is not a “party drug”). It is not habit-forming, not addictive, and does not present a significant risk to public health or safety. Because it is a powerful consciousness-altering herb, some regulation of sales is sensible and appropriate. It is reasonable to require that vendors provide detailed safety information and guidelines for responsible use. It also makes sense to limit the salvinorin A content of extracts sold in bulk form—extremely potent extracts should only be sold in pre-measured individual doses. It is appropriate to prohibit delivery to minors. It is also appropriate to prohibit reckless use, such as driving a vehicle while inebriated. There are many already-existing non-drug-specific laws that can be enforced against reckless salvia users (e.g., laws that prohibit public endangerment, public intoxication, reckless driving, etc.). Legislation should only penalize irresponsible use, not all use. Legislation that imposes punishment for possession of Salvia divinorum is neither useful nor humane. The idea of making any species illegal is absurd—after all, every species is a precious and irreplaceable part of our natural heritage. A sensible approach would be to regulate Salvia divinorum in a similar manner as alcohol and tobacco. Another sensible option would be to regulate it as a prescription medication, as some US states have done with cannabis. Certainly, physicians and psychiatrists should be able to prescribe salvia to patients who might benefit from it. It should also remain available for use in psychotherapy.

Decisions regarding the regulation of Salvia divinorum (or any substance) should always be based on science. The evidence shows that this herb is relatively safe and non-addictive. The pharmacology of its primary active constituent, salvinorin A, is unique and shows great promise as a lead compound for the development of useful medications. Excessively restrictive regulation would seriously impede further scientific research. For a well-reasoned, scientifically informed, perspective on the relative safety of Salvia divinorum and its importance in medical research, I encourage you to read these documents by Dr. Roland Griffiths and Dr. Matthew Johnson of Johns Hopkins University School of Medicine, which were presented as testimony opposing efforts to make salvia a Schedule I controlled substance in the state of Maryland. I also encourage you to read my open letter to lawmakers, which I have sent to legislators in several states.

Unfortunately, several countries have enacted laws that prohibit possession and/or sale of Salvia divinorum. In some cases, the penalties for violating these laws are quite severe. There are some countries that do not prohibit possession or sale, but do prohibit importation. The following listing describes all of the laws, regulations, and proposed legislation pertaining to Salvia divinorum that I am currently aware of. Because of the controversial nature of vision-inducing substances in general, it is probable that the legal status of Salvia divinorum will continue to change in the future. In addition to regularly visiting this website, I strongly encourage you to visit the Legal Status of Salvia divinorum page on Wikipedia and the Salvia divinorum Legal Status page at Erowid. Sometimes contributors to those websites catch legislation that I have missed, and vice versa. If you are aware of any attempts to prohibit Salvia divinorum in countries or states not listed below, please click here to send me an email.

US States & Territories with Laws Prohibiting Salvia Illegal

Alabama

Arkansas

Connecticut

Colorado

Delaware

Florida

Guam

Hawaii

Illinois

Indiana

Iowa

Kansas

Kentucky

Michigan

Minnesota

Mississippi

Missouri

Nebraska

North Dakota

Ohio

Oklahoma

Pennsylvania

South Dakota

Texas

Vermont

Virginia

Wyoming Only Legal When Not Intended for Human Consumption

Georgia

Louisiana

North Carolina

Tennessee

West Virginia (applies only to “processed” material) Legal, but Illegal to Provide to Underage Persons

California (but legal for minors to possess)

Maine (and illegal to possess if under 18 years old)

Maryland (and illegal to possess if under 21 years old) Illegal to Manufacture, Deliver, or Sell Salvinorin A, but Legal to Possess

Wisconsin Other Countries with Laws Prohibiting Salvia Illegal to Possess or Sell

Australia

Belgium

Canada (law goes into effect February 8, 2016)

Croatia

Czech Republic

Denmark

Germany

Hong Kong

Italy

Japan

Latvia

Lithuania

Poland

Portugal

Republic of Ireland

Romania

South Korea

Sweden

Switzerland Illegal to Sell, but Legal to Possess

Chile

France

Spain Illegal to Grow or Sell, but Legal to Possess

Russia Treated as a Medicinal Herb that Requires a Doctor’s Prescription

Estonia

Finland

Iceland

Norway Australia

Australia was the first country to prohibit Salvia divinorum and salvinorin A. The committee responsible for the ban has admitted that there is "no evidence of a major public health hazard." The ban went into effect June 1, 2002. Anyone living in Australia or its territories who is considering being involved with this plant is urged to first obtain professional legal advice. Readers are urged not to ship Salvia divinorum, or products made from it, to Australia or its territories because the person who receives the shipment could face severe criminal penalties. Please go here for more details on this recent action by Australia's government and to learn what you can do to fight it. Belgium

On October 18, 2004 the Belgian government added salvinorin A to their list of controlled substances. The change in legal status took effect November 18, 2004. Curiously, the name of the compound is spelled incorrectly as “salvorine A” in the royal decree that announced this legislative decision. For information about this decision, in French, please go here. Brazil

In 2005, Brazilian Customs began enforcing a regulation that prohibits importation of plant products without a permit. Consequently, many people who have shipped Salvia divinorum to Brazil have had the packages returned to them. This only applies to importation. To the best of my knowledge, Salvia divinorum is legal in Brazil. Canada

In a December 2005 report the Marketed Health Products Directorate, an arm of Health Canada, recommended that Salvia divinorum be placed under the Controlled Drugs and Substances Act. The matter was studied and deliberated for many years. On August 12, 2015, the Canadian government officially announced that Salvia divinorum and salvinorin A would be added to Schedule IV of the Controlled Drugs and Substances Act. These regulations go into effect 180 days after the announcement, which was published in the Canada Gazette. Therefore, the new law goes into effect February 8, 2016. Chile

On August 8, 2007, the Chilean government issued a decree making the trafficking of Salvia divinorum and salvinorin A illegal. Croatia

On April 4, 2008, Salvia divinorum was added to Croatia’s list of controlled substances. Czech Republic

Salvia divinorum was banned on April 22, 2011. It is illegal to posses or sell leaves, plants, or extracts containing salvinorin A. Denmark

Salvia divinorum and salvinorin A have been placed in category B of the Danish list of controlled substances. Category B includes psilocybin mushrooms, cocaine, amphetamine, and several others substances that are only legal for medicinal and scientific purposes. Possession of Salvia divinorum in Denmark now carries a penalty of up to 2 years in prison. The law went into effect on August 23, 2003. The text of the law can be found here. Further details can be found here. Estonia

The Social Ministry of Estonia has listed Salvia divinorum as a medicinal herb that requires a doctor’s prescription. Some Salvia divinorum vendors have reported that packages sent to Estonia have been returned by customs because of this regulation. This regulation went into effect in April 2005. For documentation, see: Ravimiseaduse (RT I 2005, 2, 4) § 15 lõike 5 punkti 1 alusel. Finland

In August 2002, Finland passed legislation making it illegal to import Salvia divinorum without a relevant prescription from a doctor. For information about this decision, in Finnish, please go here. France

Salvia divinorum and salvinorin A were listed as poisonous substances in August 2010. This makes it illegal to sell or use these substances for human consumption. See JORF n°0228 du 1 octobre 2010 page 17860, texte n° 19. Germany

On January 23, 2008, the German government proposed that Salvia divinorum (all parts of the plant) be added to Appendix I (Anlage I) of the German narcotics law (Betäubungsmittelgesetz [BtMG]), thereby banning production, trafficking, and possession. This legislation was ratified (reportedly on February 15, 2008) and the new law went into effect on March 1, 2008. The text of the law only mentions Salvia divinorum; salvinorin A is not mentioned (Bundesministerium für Gesundheit 2008). Hong Kong

The Government has amended Schedule I of the Dangerous Drugs Ordinance to include Salvia divinorum and salvinorin A. According to a Government spokesperson, "The Amendment Order will subject these substances to the same strict control as other dangerous drugs on their trafficking, manufacture, possession, supply, import, and export. Those prosecuted for illicit trafficking and manufacture of these substances will be liable to a maximum penalty of a fine of $5 million and life imprisonment. The import and export of these substances, as dangerous drugs, will require a licence from the Director of Health." The Amendment Order was introduced into the Legislative Council on May 23, 2012 and is expected to take effect July 14, 2012. Iceland

The import of all medicinal herbs requires either a doctor’s prescription or an import license from the health administration. In 2005, I received a report from an Icelandic person who said that he had filled out all the required paperwork, but that his request for permission to import Salvia divinorum leaves was declined on the basis of its legal status in Denmark. Italy

On June 25, 2004 the Italian Ministry of Health issued an ordinance prohibiting the sale of Salvia divinorum and its active constituent, salvinorin A, in Italy. On January 11, 2005, the Ministry of Health made possession of Salvia divinorum and salvinorin A illegal by placing them in “Tabella 1” of the Tabelle Sostanze Stupefacenti o Psicotrope (Italy's list of prohibited plants and substances). For documentation see Gazzetta Ufficiale N. 54 and Tabella I. Japan

On November 9, 2006, the Japanese government decided to add a group of thirty-three drugs to its list of controlled substances. Salvinorin A is one of the newly listed substances. The drugs will be banned under a revised pharmaceutical law, which is expected to take effect in April 2007, and their import, production, and sale except for medical treatment or research purposes will be subject to imprisonment of up to 5 years or a fine of up to five million yen. Latvia

On May 12, 2009, Latvia added Salvia divinorum to its list of controlled substances, acting on advice from the Ministry of Health. Lithuania

In 2008 Lithuania added Salvia divinorum to its list of prohibited substances, acting on advice from the Ministry of Health. Norway

The National Health Council of Norway has listed Salvia divinorum as a medicinal herb that requires a doctor’s prescription. Many Salvia divinorum vendors have reported that packages sent to Norway have been returned by customs because of this regulation. It appears that this regulation went into effect sometime during 2002. Poland

On April 6, 2009, President Lech Kaczynski signed an act that added Salvia divinorum to Poland’s list of controlled substances. Portugal

A law enacted by the Ministry of Health on April 17, 2013, prohibits the production, importation, exportation, advertisement, distribution, sale, possession, or availability of new psychoactive substances (including Salvia divinorum). Republic of Ireland

With the enactment of the Criminal Justice (Psychoactive Substances) Act in 2010, it became illegal to sell Salvia divinorum, and any other psychoactive substance in the Republic of Ireland (excluding certain prescription medications). The following year, in 2011, salvinorin A was listed as a controlled substance in S.I. 552/2011 Misuse of Drugs (Amendment) Regulations. This listing made possesion of salvinorin A illegal, as well as "any product whether natural or otherwise including any plant or plant material of any kind or description, which contains any proportion of the said substance." Romania

In April 2009 a group of three legislators announced that they would soon introduce a bill seeking to add Salvia divinorum, along with fourteen other substances, to the country’s list of controlled substances. On February 10, 2010, the Government issued an emergency ordinance banning Salvia divinorum. Russia

In April 2009 Russia’s Surgeon General issued a decree banning the sale of Salvia divinorum and various other psychoactive herbs. On January 14, 2010, the Government announced that it had added Salvia divinorum to a list of controlled substances. This made it illegal to traffic the herb or grow the plant. The regulation does not prohibit mere possession of the herb. South Korea

An article in the January 14, 2005 edition of the South Korean newspaper Chosun Ilbo reports that South Korea has revised their list of controlled drugs to include Salvia divinorum and salvinorin A. The article does not provide much detail. It is available: here. Spain

On January 28, 2004 the Spanish Ministry of Health and Consumption issued an order prohibiting the sale of Salvia divinorum, along with a long list of other alleged “toxic” herbs. The regulation went into effect on May 6, 2004. This law only prohibits commerce. It does not make possession or use a crime. For documentation, see: Boletín Oficial del Estado. 32: 5061–5065. Sweden

Salvinorin A and Salvia divinorum (specifically, any part of the Salvia divinorum plant that contains salvinorin A) have been added to Sweden’s list of controlled substances. The change in legal status went into effect on April 1, 2006. For information (in Swedish), go to: http://62.95.69.15/ From there, click on "Författningar i fulltext" (on the left), and then enter "salvia" in the search field that comes up. Clicking the search button (Sök) will then bring up the relevant document. Switzerland

In July 2010 Switzerland added Salvia divinorum to its list of controlled substances. Salvinorin A is not listed specifically, but some might interpret the law to include this chemical since it is the primary psychoactive principle of the plant. See the regulation and the listing. United Kingdom

On October 19, 2005, John Mann, Member of Parliament, tabled an Early Day Motion (EDM 796) urging the government to ban Salvia divinorum under the provisions of the Misuse of Drugs Act 1971 (Anon. 2005b; Mann 2005). So far, no further steps have been taken to ban Salvia divinorum in the United Kingdom. The United States

Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Vermont,Virginia, and Wyoming are the only states that currently have state-wide laws that prohibit adults from possessing Salvia divinorum. West Virginia prohibits possesion of extracts and other processed forms of salvia intended for human consumption, but the law does not apply to unprocessed plant material. The state of Maine only prohibits possession by minors. Possession remains legal for adults in Maine; however, it is illegal for adults to sell or transfer Salvia divinorum to anyone under 18 years of age. Maryland prohibits possession by, and sales to, anyone under 21 years of age. A similar law makes it illegal to provide Salvia divinorum to minors in California. Louisiana, North Carolina, and Tennessee have provisions in their laws that allow possession of the plant when it is not intended for human consumption. In Wisconsin it is illegal to manufacture, deliver, or sell salvinorin A (and presumably Salvia divinorum, since it contains salvinorin A), but possession is not illegal. Local laws prohibit possession and sale of Salvia divinorum in Suffolk County, New York and Worcester County, Maryland. City ordinances prohibit the sale of Salvia divinorum in the towns of West Bridgewater, Massachusetts and Middlebury, Vermont. Similar ordinances prohibit possession and sale of salvia in Ocean City, Maryland and Worland, Wyoming. To the best of my knowledge, Salvia divinorum is entirely legal in all other states, at this time. However, lawmakers in several other states are currently considering legislative bills that seek to ban Salvia divinorum in those states (see below). Most proposed bills have not been made into law, with motions having been voted down in committee, failed, died, or otherwise stalled. Federal Legislation

In October of 2002, a bill was introduced to the United States Congress that proposed to place Salvia divinorum and salvinorin A in schedule 1 of the Controlled Substances Act. The bill was passed amongst various committees, but no action was taken on it. Ultimately, it died with the dissolution of the 107th Congress at the end of 2002. The author of the bill, Representative Joe Baca of California (democrat), has recently stated that he will not reintroduce the bill.

The US Drug Enforcement Administration (DEA) is presently studying Salvia divinorum and salvinorin A, and is considering whether or not they present a risk to public safety that would justify making them controlled substances (and consequently further infringing on the personal freedoms of American citizens). On July 20, 2007, I was informed that the Federal Government had recently initiated an eight factor analysis of Salvia divinorum. The Controlled Substances Act requires that this analysis be performed before a substance can be scheduled as a controlled substance. The eight factors considered are: Its actual or relative potential for abuse.



Scientific evidence of its pharmacological effect, if known.



The state of current scientific knowledge regarding the drug.



Its history and current pattern of abuse.



The scope, duration, and significance of abuse.



What, if any, risk there is to the public health.



Its psychic or physiological dependence liability.



Whether the substance is an immediate precursor of a controlled substance. If the Attorney General determines that there is substantial evidence of potential for abuse such as to warrant control, he may initiate proceedings to make Salvia divinorum a controlled substance. This analysis will probably take several months to be completed. I will provide further updates here as more information becomes available. Given that there is no compelling evidence to suggest that Salvia divinorum presents a significant risk to public safety, I am hopeful that the Government will be reasonable and not criminalize this beneficial plant unnecessarily. If they do decide to criminalize it, it will take a minimum of 30 days after they give public notice of their intentions in the Federal Register before the change of legal status takes effect. Alabama

On October 31, 2007, Senator Roger Bedford (D) prefiled Senate Bill 8, which proposes to add Salvia divinorum to Alabama’s list of Schedule I controlled substances. On November 28, 2007, Senator Henry “Hank” Erwin (R) prefiled Senate Bill 15, which proposes to add both Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. Both bills were prefiled for the 2008 Regular Session of the State Legislature. They both died in committee. Click here to view a copy of the letter I wrote opposing Senate Bill 8 (in PDF format).

Efforts to ban salvia in Alabama were renewed in 2009. On February 3, 2009, Senator Erwin introduced Senate Bill 42, which again proposes to add both Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. Identical legislation was introduced in the House on February 12, 2009, when Representatives Laura Hall (D), Mac McCutcheon (R), Randy Hinshaw (D), Butch Taylor (D), Mike Ball (R), and Howard Sanderford (R) introduced House Bill 475. Neither of these bills passed.

Efforts to ban salvia in Alabama were renewed again in 2010. On January 12, 2010, Senator Erwin introduced Senate Bill 57, which again proposed to add both Salvia divinorum and salvinorin A to the state’s list of Schedule I controlled substances. This bill was superseded by Senate Bill 566, which is virtually identical. It was introduced on March 23, 2010, by Senators Arthur Orr (R), Erwin, Paul Sanford (R), and Tom Butler (D). The Senate voted in favor of the bill on April 8, 2010 (ayes: 22, nays: 0). It has not yet come up for a vote in the House. On March 9, 2010, Representatives James Gordon (D), Ralph Howard (D), Yvonne Kennedy (D), Alan Boothe (D), George Bandy (D), Barbara Boyd (D), Jack Williams (R), and Locy Baker (D) introduced House Bill 697. This bill would make it illegal to possess Salvia divinorum or salvinorin A, but does not make it a Schedule I controlled substance. The House voted in favor of the bill on April 8, 2010 (ayes: 94, nays: 1). The Senate voted in favor of the bill on April 22, 2010 (ayes: 25, nays: 0). If Governor Bob Riley (R) signs the legislation, possession will become a misdemeanor punishable by up to a year in jail. Selling the products will be a felony punishable by 1 to 10 years in prison. Alaska

On April 5, 2006, Senator Gene Therriault (R) introduced Senate Bill 313 to the Alaska State Legislature. This bill sought to add Salvia divinorum to Schedule IIA of that state’s list of controlled substances. The bill was amended on April 22, 2006, to include salvinorin A in the wording. The bill died in committee without floor debate. Senator Therriault renewed his efforts the following year. On January 16, 2007, he reintroduced the same legislation as Senate Bill 38. Again, the bill died in committee. On January 21, 2009, Senator Therriault continued his crusade against salvia by reintroducing the same legislation once again, as Senate Bill 52. Arizona

On February 5, 2009, Representatives Eric Meyer (D), Ray Barnes (R), Matt Heinz (D), Rae Waters (D), Cecil Ash (R), Rich Crandall (R), Adam Driggs (R), Steve Montenegro (R), and Michele Reagan (R) introduced House Bill 2520 to the Arizona State Legislature. If enacted, this bill would make it a crime to provide Salvia divinorum or salvinorin A to anyone under 21 years of age. Violators would be guilty of a Class 2 misdemeanor. The bill died in committee.

This legislation was reintroduced the following year as House Bill 2687. The bill was introduced by Representatives Eric Meyer, David Lujan (D), Olivia Cajero Bedford (D), Cloves Campbell (D), and Rae Waters (D) on February 10, 2010. The House voted in favor of the bill on March 24, 2010 (ayes: 53, nays: 1). It has not yet come up for a vote in the Senate. Arkansas

Salvia divinorum and salvinorin A were declared Schedlue I substances in Arkansas on March 28, 2011. California

On February 5, 2007, Assembly Member Anthony Adams (R) introduced Assembly Bill 259 to the California State Legislature (Adams 2007). If passed, this legislation would make Salvia divinorum a Schedule I controlled substance in that state. On March 12, 2007, the bill was amended to include salvinorin A. The bill was assigned to the California State Committee on Public Safety. On March 27, 2007, it was defeated by committee vote (ayes: 2, nays: 3). But a reconsideration was granted. Click here to view a copy of the letter I wrote opposing the original version of this bill (in PDF format).

The bill was amended on January 7, 2008. Instead of placing Salvia divinorum in Schedule I, the amended version would make the sale or distribution of Salvia divinorum or salvinorin A, or any substance or material containing Salvia divinorum or salvinorin A, to any person under 18 years of age a misdemeanor, punishable by imprisonment in a county jail for not more than 6 months, by a fine of no more than $1,000, or both. The amended version passed unanimously in the Assembly on January 29, 2008 (Ayes: 76, Nays: 0). It passed in the Senate on July 2, 2008 (ayes: 23, nays: 5). Governor Arnold Schwarzenegger (R) signed the bill into law on July 22, 2008. It went into effect on January 1, 2009. Colorado

On July 1, 2011, Salvia divinorum and salvinorin A become controlled substances in Colorado. Details forthcoming. Connecticut

Senate Bill 1098 was passed by the House and Senate. Salvia divinorum and salvinorin A become controlled substances July 1, 2011. Details forthcoming. Delaware

On March 16, 2006, Senator Karen E. Peterson (D) introduced Senate Bill 259 to the Delaware State Legislature. This legislation makes Salvia divinorum a Schedule I controlled substance in that state. The bill breezed through the General Assembly, and was signed into law by Governor Ruth Ann Minner (D) on May 2nd, 2006. The text of the bill only mentions Salvia divinorum. It does not mention salvinorin A, nor any other specific chemical constituents of the plant. The law has been named “Brett’s Law,” in memory of Brett Chidester, a 17-year-old salvia user who committed suicide on January 23, 2006 by intentionally poisoning himself with carbon monoxide. Although there is no clear evidence that the boy’s suicide was precipitated by his use of Salvia divinorum, his parents believe that there was some connection. Florida

On February 20, 2007, Senator Victor Crist (R) introduced Senate Bill 1718 to the Florida State Legislature. It sought to make Salvia divinorum a Schedule I controlled substance in that state. The bill was amended on April 23, 2007, to include salvinorin A (originally, the text only mentioned Salvia divinorum). This bill died in committee on May 4, 2007.

On March 3, 2008, Representative Mary Brandenburg (D) introduced House Bill 1363 to the Florida State Legislature. This legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. The bill was later amended to make an exception for any FDA-approved drug product that might contain these substances. Similar legislation (Senate Bill 340 and Senate Bill 1612) was introduced in the State Senate on March 4, 2008. The two Senate bills were later combined and then substituted with House Bill 1363. The House voted in favor of the bill on April 16, 2008 (ayes: 109, nays: 4). The Senate voted in favor of the bill on April 23, 2008 (ayes: 39, nays: 0). On May 28, 2008, Governor Charlie Crist (R) signed the bill into law, thereby making possession or sale of these substances a third degree felony punishable by up to 5 years in prison. The new law goes into effect July 1, 2008. Georgia

On March 1, 2007, Senator John Bulloch (R) introduced Senate Bill 295 to the Georgia State Legislature. The wording of this bill is almost identical to that of a bill previously enacted in Tennessee. If passed, this bill would make it a misdemeanor crime to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in Salvia divinorum. This law would not apply to the possession, planting, cultivation, growing, or harvesting of Salvia divinorum strictly for aesthetic, landscaping, or decorative purposes. Nor would it apply to any dosage form recognized by the FDA as a homeopathic drug. The Senate voted in favor of the bill on March 27, 2007 (ayes: 53, nays: 0), but the legislative session ended without a vote in the House.

On January 28, 2010, Representatives John Lunsford (R) and Tom Weldon (R) introduced House Bill 1021 to the State Legislature. The bill was sponsored in the Senate by Senator Lester Jackson (D). If enacted, this bill would classify salvinorin A (and presumably Salvia divinorum, since it contains the compound) as “a dangerous drug” and prohibit possession and sale. A provision in the bill would permit possession, planting, cultivating, growing, or harvesting Salvia divinorum strictly for aesthetic, landscaping, or decorative purposes. The House voted in favor of the bill on March 22, 2010 (ayes: 162, nays: 2). The Senate voted in favor of the bill on April 14, 2010 (ayes: 48, nays: 0). It now awaits the signature of Governor Sonny Perdue (R). Guam

On May 13, 2010, Bill No. 396-30 was introduced to the legislature by Senators Frank Blas (R) and Adolpho Palacios (D). This act would make it illegal to possess Salvia divinorum and salvinorin A. It passed a legislative vote on July 2, 2010. Acting Governor Michael Cruz (R) signed it into law (Public Law 30-174) July 16, 2010. Hawaii

On January 22, 2007, Senator Colleen Hanabusa (D) introduced Senate Bill 1487 to the Hawaii State Legislature. Its stated purpose was to make Hawaii’s controlled substance laws consistent with that of federal law. The House Committee on Health amended the bill in March 2008 with wording that would have included Salvia divinorum and salvinorin A in Schedule I of the State’s list of controlled substances. Fortunately, the House Committee on Judiciary removed this wording in a later amendment.

On January 15, 2008, Representatives Barbara Marumoto (R), Cindy Evans (D), Ken Ito (D), Blake Oshiro (D), Tommy Waters (D), Ryan Yamane (D), and Kyle Yamashita (D) introduced House Bill 2179 to the State Legislature. Its sole purpose is to make Salvia divinorum and salvinorin A Schedule I controlled substances in Hawaii. This bill died in committee.

On January 26, 2009, Senators Will Espero (D), Kalani English (D), Gary Hooser (D), Robert Bunda (D), Brickwood Galuteria (D), and Michelle Kidani (D) introduced Senate Bill 1058. This bill seeks to establish a temporary task force to review the effects of Salvia divinorum and salvinorin A, and recommend appropriate legislation.

On January 27, 2009, Representatives Marumoto (R), Lynn Finnegan (R), Ken Ito (D), Jon Karamatsu (D), Sylvia Luke (D), John Mizuno (D), Clift Tsuji (D), Glenn Wakai (D), Henry Aquino (D), and Isaac Choy (D) introduced House Bill 1334 and House Bill 1335. The first seeks to make Salvia divinorum and salvinorin A Schedule V controlled substances. The second would prohibit the sale of Salvia divinorum and any of its by-products, including salvinorin A, to minors under the age of 18, and require those who sell these products to include warning labels informing consumers of possible side effects.

On August 7, 2009, the Administrator of the Narcotics Enforcement Division of the Department of Public Safety issued a Notice of Emergency Controlled Substance Scheduling Action. This action made Salvia divinorum and salvinorin A Schedule I controlled substances in Hawaii on a temporary basis, the maximum duration of which is unspecified in the notice. It went into effect on August 15, 2009.

House Bill 2745 was introduced on January 25, 2010. This bill classified Salvia divinorum and salvinorin A as schedule I controlled substances in the state. The Bill was signed into law by Governor Lingle (R) on May 3, 2010. It became effective May 19, 2010. Illinois

On January 19, 2006, Senator John Millner (R) introduced Senate Bill 2589 to the Illinois State Legislature. This bill sought to add Salvia divinorum to that state’s list of Schedule I controlled substances. The bill only mentions Salvia divinorum; it does not mention salvinorin A. This bill died with the dissolution of the 94th General Assembly.

Efforts to ban Salvia divinorum were renewed the following year. On January 29, 2007, Representatives Dennis Reboletti (R), Chapin Rose (R), Robert Pritchard (R), and Renee Kosel (R) introduced House Bill 0457. On February 7, 2007, Senator Millner introduced this same bill to the State Senate as Senate Bill 0226. The wording of these bills define Salvia divinorum as “meaning all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, derivative, mixture, or preparation of that plant, its seeds or extracts.” This wording is absurdly broad in scope, for it implies that any substance extracted from Salvia divinorum (water, chlorophyll, whatever) would be treated as a Schedule I controlled substance under the proposed law.

House Bill 0457 passed unanimously in the House on March 20, 2007, and in the Senate on May 22, 2007. Senate Bill 0226 passed unanimously in the Senate on March 8, 2007, and in the House on May 24, 2007. This legislation was signed into law by Governor Rod Bagojevich (D) on August 17, 2007. The new law went into effect on January 1, 2008. Indiana

On January 10, 2008, Representatives Suzanne Crouch (R) and Dennis Avery (D) introduced House Bill 1178 to the Indiana State Legislature. If enacted, this legislation would make Salvia divinorum, salvinorin A, and “any of the active ingredients of Salvia divinorum” Schedule I controlled substances in that state. Under the bill, manufacturing or selling salvia would be a Class B felony with a penalty of 6 to 20 years; selling it to anyone under 18 years of age would be a Class A felony punishable by 20 to 50 years.

Efforts to ban salvia in Indiana were renewed in 2011 with the introduction of House bIll 1102, which makes possessing, dealing in, manufacturing, or delivering salvia equivalent to possessing, dealing in, manufacturing, or delivering marijuana, hash oil, or hashish. This law was signed into law by Governor Mitchell Daniels (R) on May 10, 2011. It goes into effect July 1, 2011. Iowa

On January 18, 2007, the Governor’s Office of Drug Control Policy introduced Senate Study Bill 1051 to the Iowa State Legislature (this was replaced by Senate File 69 on January 30, 2007, by the Senate Committee on Judiciary). Identical legislation was introduced in the House, on February 1, 2007, as House Study Bill 133 (this was replaced by House File 491 on February 22, 2007, by the House Committee on Judiciary). These bills sought to add Salvia divinorum and salvinorin A to Iowa’s list of Schedule I controlled substances. If enacted, they would make it a class C felony for any unauthorized person to manufacture, deliver, or possess with intent to manufacture or deliver Salvia divinorum or salvinorin A, including its counterfeit or a simulated form, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with intent to manufacture or deliver. These bills also make it a serious misdemeanor for any unauthorized person to possess Salvia divinorum or salvinorin A. A class C felony is punishable by confinement for no more than 10 years and a fine of at least $1000 but not more than $10,000. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1875.

The same legislation was reintroduced in 2009. First as House File 2, which was introduced by Representative Mark Smith (D) on January 12, 2009. Then as Senate Study Bill 1028, which was introduced by Senators Keith Kreiman (D), Steve Warnstadt (D), and Nancy Boettger (R) on January 14, 2009. On February 2, 2009, the House Committee on Human Resources (2009) replaced House File 2 with House File 178. Each of these bills sought to add Salvia divinorum and salvinorin A to Iowa’s list of Schedule I controlled substances.

Senate File 510 was introduced March 21, 2011. It also proposed to clasify Salvia divinorum and salvinorin A as Schedule I substances. The bill passed in the Senate June 24, 2011, (ayes 38, nays 9). It passed in the House June 27, 2011 (ayes 53, nays 36). It was signed into law by Governor Terry Branstad (R) July 29, 2011. It went into effect upon enactment and applies retroactively to July 1, 2011. Kansas

On January 22, 2008, Representative Peggy Mast (R) introduced House Bill 2650 to the Kansas State Legislature. If enacted, this legislation would make Salvia divinorum a Schedule I controlled substance in that state. The law would apply to "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, salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, derivative, mixture or preparation of that plant, its seeds or extracts." The Senate Judiciary Committee introduced identical legislation (Senate Bill 481) on January 28, 2008 (Judiciary Committee 2008). The Senate voted in favor of the bill on February 20, 2008 (ayes: 40, nays: 0). The House voted in favor of the bill on March 27, 2008 (ayes: 122, nays: 1). It was signed into law by Governor Kathleen Sebelius (D) on April 24, 2008. Kentucky

On February 3, 2009, Representatives Will Coursey (D), Greg Stumbo (D), Jody Richards (D), Tommy Thompson (D), and Alecia Webb-Edgington (R) introduced House Bill 228 to the Kentucky State Legislature. This bill would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. In an effort to prevent stockpiling by individuals for future use, it would declare an emergency, meaning that the law would go into effect immediately upon its passage and approval by the Governor or upon its otherwise becoming a law. The House voted in favor of the bill on February 24, 2009 (ayes: 99, nays: 0), but then it died in the Senate Judiciary committee.

This legislation was revived the following year as House Bill 265. It was introduced on January 14, 2010, by the same group of Representatives together with Jesse Crenshaw (D), Fitz Steele (D), and Brent Yonts (D). Senator Brandon Smith (R) introduced a similar bill (Senate Bill 107) on January 26, 2010. The House voted in favor of House Bill 265 on February 10, 2010 (ayes: 99, nays: 0). The Senate voted in favor of the bill on March 29, 2010 (ayes: 84, nays: 14). On April 13, 2010, Governor Steve Beshear (D) signed into law, thereby making possession, trafficking, or cultivation of salvia a crime punishable by up to 5 years in prison for a first offense, and up to 10 years for subsequent offenses. Louisiana

On February 25, 2005 Representative Michael G. Strain (R) introduced House Bill 20 to the Louisiana State Legislature. This bill proposed to make it illegal to possess, manufacture, or distribute hallucinogenic plants that are intended for human consumption. The text of the bill includes a list of 39 plants and fungi in its definition of the term “hallucinogenic plant.” Only a few of the plants and fungi listed contain compounds that are controlled substances. Some of the plants are quite obscure, some are commonly grown as ornamentals, and some are not actually hallucinogenic. Salvia divinorum is one of the plants listed. The proposed penalty for possession would be imprisonment with or without hard labor for not more than five years and, in addition, a possible fine of up to $5,000. The proposed penalty for manufacture or distribution would be imprisonment with or without hard labor for not less than two years nor more than 10 years and, in addition, a possible fine of up to $20,000. On May 16, 2005 the bill passed in the House (yeas 98, nays 0). On June 9, 2005 the bill passed in the Senate (yeas 101, nays 0). On June 17, 2005 the bill was sent to the Governor for executive approval. Governor Kathleen Babineaux Blanco (D) signed the bill into law on June 28, 2005. The new law, called Act No. 159, went into effect on August 15, 2005 (Strain et al. 2005). Thus Louisiana became the first state in the USA to criminalize Salvia divinorum. Maine

In November 2006 Representative Christopher Barstow (D) of Maine introduced Legislative Document 66 (HP 64) to the State Legislature. This bill is cosponsored by Senators Philip Bartlett (D), Jonathan Courtney (R), John Nutting (D), and Elizabeth Schneider (D), along with Representatives David Farrington (D), Gary Plummer (R), James Schatz (D), and Nancy Smith (D). If passed, this bill would have added Salvia divinorum to the state’s list of Schedule Z drugs and made possession a Class E crime. Trafficking or furnishing of Salvia divinorum would have become a Class D crime.

An amended version of the bill was approved in an 8 to 4 committee vote by lawmakers on the Criminal Justice Committee. The amended bill would regulate salvia in the same way tobacco products are regulated in Maine. Adults 18 and over could legally purchase and use the material. Selling or providing Salvia divinorum or salvinorin A to anyone under the age of 18 would be a criminal offense. Possession by a minor would be a civil violation, punishable by a fine, community service, or both. The amended bill passed in the House and Senate. It was signed into law by Governor John Baldacci (D) on May 15, 2007, and went into effect on September 20, 2007. Maryland

On January 28, 2008, Councilwoman Belinda Conaway (D), together with several cosponsors (all Democrats), introduced Bill No. 08-0032 and Bill No. 08-0006R to the Baltimore City Council. These bills sought to prohibit the sale, possession, and use of salvia, but they never made it out of committee. According to an article in the Baltimore Examiner, Conaway said she wasn’t aware of a problem in Baltimore City, but she wanted “to be on the front end.” Other Maryland officials said they did not see salvia use as a widespread problem.

On January 14, 2009, Delegates Jeannie Haddaway (R) and Adelaide Eckardt (R) introduced House Bill 8 to the State Legislature. Senate Bill 9 was introduced that same day by Senator Richard Colburn (R). Both of these bills seek to add Salvia divinorum to Maryland’s list of Schedule I controlled substances. Neither bill makes any mention of salvinorin A. That oversight was corrected soon after. On January 28, 2009, Senator Lisa Gladden (D) introduced Senate Bill 317. On February 13, 2009, Delegates James Mathias (D), Rudolph Cane (D), Norman Conway (D), and David Rudolph (D) introduced House Bill 1261. These bills sought to add both Salvia divinorum and salvinorin A to Maryland’s list of Schedule I controlled substances. Dr. Roland Griffiths and Dr. Matthew Johnson of Johns Hopkins University School of Medicine presented testimony opposing these bills. Click here to view those documents. All of these bills died in committee.

Unwilling to wait for a statewide ban, the Ocean City Council approved an ordinance on August 3, 2009, making possession and sale of Salvia divinorum a misdemeanor with a possible penalty of 6 months in jail and a $1000 fine.

On February 17, 2010, Delegates James Mathias, Rudolph Cane, Norman Conway, Adelaide Eckardt (R), D. Page Elmore (R), Jeannie Haddaway (R), and David Rudolph introduced House Bill 1145 to the State Legislature. This bill would make it a misdemeanor to provide Salvia divinorum or salvinorin A to anyone under the age of 21 years. It also makes it a civil offense for persons under 21 years of age to possess these substances. The House voted in favor of the bill on March 22, 2010 (ayes: 140, nays: 0). The Senate voted in favor of the bill on April 5, 2010 (ayes: 46, nays: 0). On May 4, 2010, Governor Martin O’Malley (D) signed the bill into law. The new law goes into effect June 1, 2010. Massachusetts

On May 16, 2007, Representatives Viriato deMacedo (R) and Daniel Webster (R) introduced House Bill 4434 to the Massachusetts State Legislature. If enacted, this legislation would make Salvia divinorum and salvinorin A Class C controlled substances in that state. A city ordinance, enacted in April 2008, prohibits the sale of Salvia divinorum in the town of West Bridgewater, Massachusetts. On January 28, 2009, Boston City Councilor Rob Consalvo proposed an ordinance that would make it illegal to sell or possess Salvia divinorum in Boston. Violators would be levied a $300 fine. The City Council is expected to vote on the matter in mid-February. Michigan

On February 12, 2008, Representative Michael Sak (D) introduced House Bill 5700 to the Michigan State Legislature. If passed, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. The House voted in favor of the bill on March 3, 2008 (ayes: 106, nays: 0). It has not yet come up for a vote in the Senate. Minnesota

On February 14, 2008, Representative Joseph Atkins (D) introduced House Bill 2949 to the Minnesota State Legislature. A companion bill (Senate Bill 2668) was introduced the same day by Senator Steve Murphy (D). If passed, this legislation would make Salvia divinorum a Schedule IV controlled substance in that state. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. These two bills died with the dissolution of the 85th legislative session.

On February 2, 2009, Representatives Morrie Lanning (R), Steve Smith (R), Joe Atkins (D), Paul Marquart (D), and Tony Cornish (R) introduced House Bill 484. A companion bill (Senate Bill 569) was introduced in the Senate on February 12, 2009, by Senators Bill Ingebrigtsen (R), Julie Rosen (R), Joe Gimse (R), and David Hann (R). If enacted, this legislation would make Salvia divinorum a Schedule I controlled substance. The text of these bills only mention Salvia divinorum; salvinorin A is not mentioned.

On March 5, 2009, Representatives Debra Hilstrom (D), Dave Olin (D), Karla Bigham (D), Patti Fritz (D), Sheldon Johnson (D), and David Bly (D) introduced House Bill 1301. This public safety policy bill was amended on April 20, 2009, to include a section that would make possession or sale of Salvia divinorum a crime (possession would be a misdemeanor, sale would be a gross misdemeanor). House members voted unanimously in favor of the bill that same day. The language pertaining to salvia was stricken from the bill before it was passed by the Senate.

On February 15, 2010, Representatives Lanning, Smith, Atkins, Cornish, Denny McNamara (R), and Karla Bingham (D) introduced House Bill 2975. A companion bill (Senate Bill 2773) was introduced in the Senate on February 22, 2010, by Senators Ingebrigtsen and Rosen. This legislation would make Salvia divinorum and salvinorin A illegal. Possession would be a misdemeanor. Sale would be a gross misdemeanor. The Senate voted in favor of the bill on March 29, 2010 (ayes: 61, nays: 6). The House voted in favor of the bill on May 13, 2010 (ayes: 116, nays: 15). On May 18, 2010, Governor Tim Pawlenty (R) signed the bill into law. The new law goes into effect August 1, 2010. Mississippi

On January 29, 2008, Senator Hob Bryan (D) introduced Senate Bill 2456 to the Mississippi State Legislature. This bill would make Salvia divinorum a Schedule I controlled substance in that state. The text only mentions Salvia divinorum; it does not mention salvinorin A. The Senate voted in favor of the bill on February 27, 2008 (ayes: 52, nays: 0). The House voted in favor of the bill on March 18, 2008 (ayes: 118, nays: 0). On April 15, 2008, Governor Haley Barbour (R) signed the bill into law. The new law went into effect July 1, 2008. Missouri

On January 23, 2003 the city of St. Peter's, Missouri passed an ordinance that prohibits the sale of Salvia divinorum to anyone under the age of 18. The restriction is modeled after the state's tobacco law. St. Peter's is the first, and so far only, city in the nation to restrict the sale of Salvia divinorum. The Salvia divinorum Research and Information Center has always advised that vendors not sell Salvia divinorum to minors. The Sagewisdom Salvia Shop has always maintained such a policy. We believe that such a prohibition is responsible and appropriate.

On January 5, 2005 Representative Rachel L. Bringer introduced House Bill 165 to the Missouri State legislature. This bill sought to add Salvia divinorum to that state’s list of Schedule I controlled substances. Curiously, the bill only mentioned Salvia divinorum, it did not mention salvinorin A. This oversight was corrected the following month with the introduction of House Bill 633, which sought to place both Salvia divinorum and salvinorin A in Schedule I. The bill also proposed to add 12 other substances to Missouri’s list of controlled substances. This second bill was introduced on February 23, 2005 by Representative Scott A. Lipke (R) and Representative Bringer. On August 28, 2005, the bill was incorporated into section 195.017 of the state’s drug regulation statutes. Thus, Salvia divinorum and salvinorin A became Schedule I substances in the state of Missouri. For documentation, go here. Nebraska

On January 10, 2008, Senators Vickie McDonald (R), Annette Dubas (D), Mike Friend (R), Steve Lathrop (D), Amanda McGill (D), Rich Pahls (R), Pete Pirsch (R), Kent Rogert (R), Arnie Stuthman (R), and Norm Wallman (D) introduced Legislative Bill 840, which proposes to add Salvia divinorum and salvinorin A to Nebraska’s list of Schedule I controlled substances. Echoing the absurdly overzealous wording of similar legislation in Illinois, this bill would apply to "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." If passed, possession and trafficking of Salvia divinorum (or conceivably any compound isolated from the plant, however innocuous) would be a felony punishable by up to 20 years behind bars. This bill died in committee.

On March 10, 2008, officers executed a search warrant on a shop in Lincoln, Nebraska and arrested the owner for selling Salvia divinorum. They cited State Statute 28-420, which bans the sale of any substance that can induce an intoxicated condition when the seller “knows or has reason to know that such compound is intended for use to induce such condition.” The law pertains to any substance taken for “the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual, mental or nervous processes." The case went to court and the shop owner was acquitted. Although he admitted selling the herb, his lawyer argued that the state had failed to show it was a dangerous narcotic, and the jury agreed.

Legislative Bill 840 was resurrected the following year as Legislative Bill 123. This bill was introduced on January 9, 2009, by several of the same Senators (Dubas, Friend, McGill, Pirsch, Rogert, Wallman), plus Senators Russ Karpisek (D), Mark Christensen (R), and Colby Coash (R). On February 20, 2009, lawmakers voted in favor of the bill. Governor Dave Heineman (R) signed it into law on February 26, 2009. The new law will go into effect in September 2009. New Jersey

On April 6, 2006, Assemblywoman Linda Stender (D) of New Jersey announced that she was crafting legislation to ban Salvia divinorum in her state. On May 15, 2006, Senator Stephen Sweeney (D) introduced Senate Bill 1867 to the State Senate. Assemblywoman Stender introduced an identical bill to the State Assembly on May 22, 2006. It is designated Assembly Bill 3139 and is cosponsored by Assemblyman Jack Conners (D) and Assemblyman Herb Conaway (D). If passed, these bills would classify Salvia divinorum and salvinorin A as Schedule I controlled substances in New Jersey. Both bills died in committee with the dissolution of the 2006–2007 legislative session. On January 8, 2008, Assemblywoman Stender reintroduced the same legislation. This version is designated Assembly Bill 1323 and it adds Assemblywoman Sandra Love (D) to the previous group of cosponsors. New Mexico

On January 21, 2009, Representative W. Ken Martinez (D) introduced House Bill 144 to the New Mexico State Legislature. Initially, this legislation sought to make Salvia divinorum and salvinorin A Schedule I controlled substances; however, it was later amended to only prohibit procurement by, and sale or distribution to, persons under 18 years of age. The amended version only mentions Salvia divinorum; it does not mention salvinorin A. House members voted unanimously in favor of the bill on March 12, 2009 (ayes: 58, nays: 0). If enacted, violators would be guilty of a misdemeanor. This bill died in committee.

On March 4, 2009, representative Keith Gardner introduced House Memorial 72 to the State Legislature. This House-approved proposal requested the Board of Pharmacy to study the use and abuse of Salvia divinorum in New Mexico and determine if the substance has any recognized medical use. It required the board to report its findings and recommendations to the appropriate interim legislative committee no later than October 2009. New York

On February 10, 2005, New York State Assembly Member Carl Heastie (D) introduced Assembly Bill 4412-A. This bill died without coming up for a vote, but if enacted, it would have made possession of Salvia divinorum a crime punishable by a $50 fine. On April 18, 2005, New York State Senator John Flanagan (R) introduced Senate Bill 4987. If enacted, this bill would amend the General Business Law to prohibit the sale of Salvia divinorum, and would subject violators to a civil penalty of up to $500. On June 6, 2005, the senate voted to pass the bill. Assemblyman Daniel O’Donnell (D) introduced an identical bill, designated Assembly Bill 11469, to the State Assembly on May 23, 2006. That bill died without coming up for a vote. Efforts to enact this legislation were renewed the following year. On January 3, 2007, Assemblyman O’Donnell reintroduced it as Assembly Bill 610. On January 8, 2007, it was reintroduced by Senators Flanagan, John DeFrancisco (R), Thomas Morahan (R), and Frank Padavan (R) as Senate Bill 695. This bill passed in the Senate and is now being considered by the State Assembly. On June 5, 2007, Assembly Member Heastie reintroduced his earlier legislation as Assembly Bill 8920.

Efforts to ban Salvia divinorum in New York Sate were renewed again in 2008. On March 18, 2008, Senator John Sampson (D) introduced Senate Bill 7188. On April 25, 2008, Senator George Mariarz (R) introduced Senate Bill 7736. Both of these bills seek to add Salvia divinorum to the State’s list of Schedule I controlled substances. Neither bill mentions salvinorin A.

A local law prohibits the possession and sale of Salvia divinorum in Suffolk County, New York. On February 5, 2008, Introductory Resolution 1038 was tabled before the Suffolk County Legislature. The resolution was sponsored by Lynne Nowick (R), Kate Browning (WF), Jack Eddington (WF), John Kennedy (R), Wayne Horsley (D), Daniel Losquadro (R), and William Lindsay (D). It passed a vote on March 18, 2008 (ayes: 17, nays: 0). On April 1, 2008, it was signed into law by Steve Levy, the county executive. The law includes penalties of up to a $1,000 fine and a year in prison. North Carolina

On February 11, 2009, Senators William Purcell (D), Stan Bingham (R), Katie Dorsett (D), John Snow (D), and David Weinstein (D) introduced Senate Bill 138 to the North Carolina State Legislature. Originally, this bill sought to make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. It was later amended to make possession of salvia an infraction, a minor crime punishable by a maximum $25 fine. A third possession offense would be charged as a misdemeanor. There are no separate penalties for manufacturing or sales. The bill includes two exemptions. One permits growing the plant for aesthetic, landscaping, or decorative purposes; the other allows for university-affiliated medical or pharmacological research. The amended version passed the Senate unanimously on May 14, 2009 (ayes: 45, nays: 0). The House approved the measure on August 5, 2009 (ayes: 96, nays: 15). Governor Beverly Perdue (D) signed it into law on August 28, 2009. The new law will go into effect on December 1, 2009. North Dakota

On January 15, 2007, Senator Dave Oehlke (R), Senator Randell Christmann (R), and Representative Brenda Heller (R) introduced Senate Bill 2317 to the North Dakota State Legislature. This bill sought to add Salvia divinorum to that state’s list of Schedule I controlled substances. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. The Senate Judiciary Committee corrected this oversight on April 5, 2007, by amending the bill to include salvinorin A and “any of the active ingredients” of Salvia divinorum. This wording is excessively vague, since it could be interpreted to include many commonly occurring pharmacologically active compounds, such as tannins, oleanolic acid, ursolic acid, etc. The amended bill passed in the Senate on February 7, 2007 (ayes: 47, nays: 0). It passed in the House on March 16, 2007 (ayes: 83, nays: 6). It was signed into law by Governor John Hoeven (R) on April 26, 2007. The new law went into effect on August 1, 2007.

The State’s first salvia bust took place on April 7, 2008, after police found 8 ounces of dried Salvia divinorum leaves in the home of Kenneth Rau, 46, of Bismarck, North Dakota. Officers found the leaves while serving a warrant on Rau’s adult son, who resides in the same home. Rau, a bottling plant worker with an interest in herbalism, altered states, religion, and spirituality, claims that he was unaware of the new law when he bought the leaves for a high bid of $32 on eBay. Prosecutors initially claimed that this quantity amounted to hundreds of doses, and therefore charged him with possession of a controlled substance with intent to distribute (a Class A felony), which could have earned Rau 10 years in prison, or 20 if a school-zone charge was added on. Prosecutors later revised their estimate of the number of doses down to only about eight doses and dropped the intent to distribute charge. Rau pleaded guilty to Class C felony possession of salvia. The Judge imposed a 3-year deferred imposition of sentence. Rau will be on supervised probation for 3 years, and the charge will be removed from his record if he successfully completes his probation. If he does not, the charge would stick and he would be sentenced, and possibly imprisoned for up to 5 years. Ohio

On May 9, 2007, Representative Thom Collier (R) introduced House Bill 215 to the Ohio State Legislature. This legislation would make Salvia divinorum a Schedule I controlled substance in that state. The bill was later amended to include salvinorin A. The sponsor of the bill was prompted by the killing of a Loudonville boy by a friend who had a history of using salvia. But even he, Collier, has admitted that there is no evidence that salvia use was directly involved in the killing. On April 15, 2008, House lawmakers voted unanimously in favor of the bill. On December 16, 2008, Senate legislators did the same. Governor Ted Strickland (D) signed it into law on January 6, 2009. It goes into effect on April 7, 2009. Oklahoma

On March 6, 2006, Representative John Nance (R) introduced House Bill 2485 to the Oklahoma State Legislature. According to that state’s Uniform Controlled Substances Act, the phrase synthetic controlled substance means “a substance, whether synthetic or naturally occurring, that is not a controlled dangerous substance, but which produces a like or similar physiological or psychological effect on the human central nervous system that currently has no accepted medical use in treatment in the United States and has a potential for abuse.” Amongst other things, Bill 2485 adds language that specifically includes enhanced, concentrated, and chemically or physically altered forms of Salvia divinorum in that definition. The bill passed in the House (ayes: 97, nays: 0) and Senate (ayes: 42, nays: 0), and was signed into law by Governor Brad Henry (D) on May 26, 2006. To read the text of this bill, go here.

Seeking a more comprehensive ban, Representative David Derby (R) introduced House Bill 3148 to the State Legislature on February 4, 2008. This legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. The bill passed in the House (ayes: 97, nays: 0) and Senate (ayes: 46, nays: 0), and was signed into law by Governor Henry on June 2, 2008. The new law, which went into effect on November 1, 2008, makes possession a felony offense punishable by up to 10 years in prison, with distribution carrying a penalty of 5 years to life in prison. If that is not draconian, I don't know what is. Oregon

During the year 2003 two bills were introduced to the Oregon State Legislature that proposed to criminalize Salvia divinorum and salvinorin A in that state. Fortunately, both bills died upon adjournment of the Oregon Judiciary Committee. House Bill 3485 (introduced March 15, 2003) sought to impose particularly severe penalties. If it had passed, possession would be punishable by a maximum of 10 years' imprisonment, a $200,000 fine, or both. Delivery would be punishable by a maximum of 20 years' imprisonment, a $300,000 fine, or both. Senate Bill 592 (introduced February 22, 2003) only proposed to make delivery a crime. If it had passed, delivery would be punishable by a maximum of one year's imprisonment, a $5,000 fine, or both.

Efforts to ban Salvia divinorum were renewed in 2007. On January 25 of that year, Representative John Lim (R) introduced House Bill 2494 to the Oregon State Legislature. If passed, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. Possession would be punishable by a maximum of 1 year’s imprisonment, a $6250 fine, or both. Manufacture or delivery would be punishable by a maximum of 20 years’ imprisonment, a $375,000 fine, or both. Pennsylvania

On May 2, 2006, Representatives James Casorio (D), Kevin Blaum (D), H. William Deweese (D), Scott Boyd (R), Thomas Caltagirone (D), Steven Cappelli (R), Jacqueline Crahalla (R), Tom Creighton (R), Gordon Denlinger (R), Neal Goodman (D), Richard Grucela (D), Harold James (D), Nick Kotik (D), Marie Lederer (D), Jennifer Mann (D), Joseph Markosek (D), Michael McGeehan (D), Cherelle Parker (D), Stan Saylor (R), John Siptroth (D), Edward Staback (D), Thomas Tangretti (D), Thomas Tigue (D), Katie True (R), Rosita Youngblood (D), John Pallone (D), Frank Pistella (D), Kate Harper (R), W. Curtis Thomas (D), John Sabatina, Jr. (D), Karen Beyer (R), Florindo Fabrizio (D), and Merle Phillips (R) introduced House Bill 2657 to the Pennsylvania State Legislature. This bill sought to add Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. It died in committee.

On June 16, 2006, Senators Lisa Boscola (D), Vincent Fumo (D), Wayne Fontana (D), Gerald LaValle (D), John Pippy (R), Sean Logan (D), John Rafferty (R), Constance Williams (D), Bob Regola (R), Edwin Erickson (R), and Robert Wonderling (R) introduced Senate Bill 1217. This bill sought to add Salvia divinorum to Pennsylvania’s list of Schedule I controlled substances. It does not mention salvinorin A. This bill died with the dissolution of the 2005–2006 legislative session. It was reintroduced the following year, on March 29, 2007, as Senate Bill 710, by Senators Lisa Boscola (D), Vincent Fumo (D), Gerald LaValle (D), Barry Stout (D), Michael O’Pake (D), Jane Clare Orie (R), Robert Wonderling (R), Sean Logan (D), Wayne Fontana (D), Constance Williams (D), Raphael Musto (D), Christine Tartaglione (D), John Rafferty (R), Bob Regola (R). This bill also died in committee.

Efforts to make Salvia divinorum a Schedule I controlled substance in Pennsylvania were renewed with vigor in 2009, with the introduction of House Bill 559 on February 23, House Bill 1194 on April 3, Senate Bill 769 on April 6, and House Bill 2037 on October 9, 2009. These bills were sponsored by many of the same legislators who sponsored similar bills in previous years. None of these bills reached the Governor's desk. Efforts to make Salvia divinorum a Schedule I controlled substance in Pennsylvania were renewed again in 2010, with an amendment to House Bill 176 on September 27, 2010 (the original version of the Bill was introduced August 2, 2010). It passed in the House on September 29, 2010 (ayes: 198, nays: 1), but then died in the Senate Judiciary Committee. On April 28, 2011, Senator Elder Vogel (R) introduced Senate Bill 1006 to the state Legislature. Like many of its predecessors, this bill would make Salvia divinorum and salvinorin A Schedule I controlled substances. The Senate voted in favor of the bill on June 15, 2011 (ayes: 50, nays: 0). On June 13, 2011, the bill passed in the House (ayes: 201, nays: 0). Governor Tom Corbett (R) signed it into law on June 23, 2011. The new law goes into effect 60 days later, on August 22, 2011. South Carolina

On July 26, 2005, the City Council of Myrtle Beach, South Carolina, voted in favor of a resolution to ask the General Assembly for a statewide ban on Salvia divinorum (yeas 6, nays 0). Council members said they would consider a ban on the sale of Salvia divinorum in city limits.

On February 13, 2008, Representative Chip Huggins (R) introduced House Bill 4687 to the South Carolina State Legislature. If enacted, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. On April 10, 2008, the bill passed in the House (ayes: 101, nays: 4). Ultimately, it died in committee with the dissolution of the 2007–2008 legislative session. South Dakota

On April 1, 2008, the town of Deadwood, South Dakota adopted City Ordinance 1100. This ordinance makes it unlawful for anyone to sell, provide, or otherwise transfer salvia to a minor. It also makes it unlawful for minors to purchase, possess, or use salvia. The law applies to Salvia divinorum, salvinorin A, and any derivative of the foregoing. Violator would be subject to penalties up to the maximums prescribed for Class 2 Misdemeanors under South Dakota State Law.

On January 20, 2009, Representatives Charles Turbiville (R), Susy Blake (D), Joni Cutler (R), Richard Engels (D), Mark Kirkeby (R), Larry Lucas (D), Nick Moser (R), Steve Street (D), and Mike Verchio (R), and Senators Kathy Miles (D), Gene Abdallah (R), Jim Hundstad (D), Ryan Maher (D), and Tom Nelson (R) introduced House Bill 1090 to the South Dakota State Legislature. This bill would prohibit possession of Salvia divinorum and “declare an emergency,” meaning it would go into effect immediately if the House and Senate pass it and the Governor signs it into law. Originally it sought to make Salvia divinorum and salvinorin A Schedule I controlled substances, but it was later amended to simply make possession of Salvia divinorum a crime, without placing it in a specific schedule. This legislation would make possession of 2 ounces of Salvia divinorum or less a Class 1 misdemeanor, carrying a maximum penalty of 1 year in jail and a $2000 fine; possession of more than 2 ounces would be a Class 6 felony, with a maximum penalty of 2 years in prison and a $4000 fine. The House voted in favor of the bill on February 2, 2009 (ayes: 67, nays: 2). The bill was then amended in the Senate to once again include salvinorin A. The Senate voted in favor of the amended bill on March 2, 2009 (ayes: 34, nays: 0). The amended version was sent back to the House for approval. On March 4, 2009, they voted in favor of the amended bill (ayes: 61, nays: 7). The bill was signed into law by Governor Marion Michael Rounds (R) on March 11, 2009, and became immediately effective. Tennessee

On February 15, 2006, Representative Park M. Strader (R) introduced House Bill 2909 to the Tennessee State Legislature (Strader 2006). The following day, it was adopted in the State Senate as Senate Bill 3247 (Burchett 2006). Originally, the bill proposed to make it a Class D felony offense to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a “hallucinogenic” plant. Previous law authorized imprisonment for a Class D felony for not less than two years nor more than 12 years. In addition, a fine not to exceed $5,000 may be assessed, unless otherwise provided by statute. This bill would have authorized a maximum fine of $20,000 for this offense. Originally, the bill also proposed to make it a Class E felony to knowingly possess a material, compound, mixture, or preparation intended for human consumption that contains a hallucinogenic plant. Previous law authorized imprisonment for a Class E felony for not less than one year nor more than six years. In addition, a jury may assess a fine not to exceed $3,000, unless otherwise provided by statute. This bill would have authorized a maximum fine of $5,000 for this offense. The bill was later amended to address Salvia divinorum specifically. The amended version classifies the knowing production, manufacture, distribution, or possession of the active chemical ingredient in the hallucinogenic plant Salvia divinorum as a Class A misdemeanor. It would not be a criminal offense to possess, plant, cultivate, grow, or harvest Salvia divinorum for aesthetic, landscaping, or decorative purposes. Also, this amendment does not apply to any dosage that is legally obtainable from a retail establishment without a prescription when it is recognized by the FDA as a homeopathic drug. On April 13, 2006, the amended version of the bill passed in the Senate (ayes 29, nays 0). It passed in the House on May 11, 2006 (ayes 96, nays 0). Governor Phil Bredesen (D) signed it into law on May 19, 2006. It was assigned Public Chapter Number 700 by the Secretary of State on May 30, 2006, and went into effect on July 1, 2006. Texas

On March 2, 2007, Representative Charles “Doc” Anderson (R) introduced House Bill 2347 to the Texas State Legislature. This bill sought to add salvinorin A and Salvia divinorum to Penalty Group 2 of the Texas Controlled Substances Act. Two more salvia-related bills were filed with the State Legislature on March 9, 2007. One of these, House Bill 3784, was introduced by Representative Tan Parker (R). That bill sought to add salvinorin A and Salvia divinorum to Penalty Group 3 of the Texas Controlled Substances Act. The other, Senate Bill 1796, was introduced by Senator Craig Estes (R). It would have made it a crime to sell Salvia divinorum to anyone younger than 18 years of age. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. The offence would be a Class C misdemeanor. This bill passed in the Senate (ayes: 31, nays: 0) on April 26, 2007. It did not come up for a vote in the House. Ultimately, all three bills died in committee.

State lawmakers renewed their efforts to regulate salvia the following year. On November 10, 2008, Representative Anderson introduced House Bill 126. This bill seeks to add S. divinorum and salvinorin A to Penalty Group 3 of the Texas Controlled Substances Act. Interestingly, it specifically excludes unharvested Salvia divinorum growing in its natural state. That same day, Senator Estes reintroduced his previous bill, now designated Senate Bill 257, which, if enacted, would make it a misdemeanor to sell or deliver Salvia divinorum or salvinorin A to minors. A companion bill, House Bill 839, was introduced by Representative Armando Martinez on January 29, 2009. Senate Bill 257 was amended in committee to include salvinorin A. The amended version was approved by the Senate on April 2, 2009 (ayes: 31, nays: 0).

With the passage of House Bill 124, Salvia divinorum and salvinorin A became illegal in Texas on June 14, 2013. Utah

On January 18, 2007, Representative Paul Ray (R) introduced House Bill 190 to the Utah State Legislature. If enacted, this legislation would make Salvia divinorum a Schedule I controlled substance in that state. Originally, the text of the bill only mentioned Salvia divinorum, but it was amended on February 22, 2007, to include salvinorin A. The House voted unanimously in favor of the bill that same day, however it never reached the floor of the Senate for a vote. Ray re-filed the proposed legislation during the next legislative session, on January 9, 2008, as House Bill 260. The bill died in committee. Vermont

In 2007 the town of Middlebury banned the sale of salvia. Two years later the American Civil Liberties Union joined a shop owner in suing the town, claiming that the town had overstepped its authority.

On December 16, 2011, the Vermont Department of Health banned Salvia divinorum throughout the state. Possession is a felony. Anyone found guilty can be sentenced to serve up to 2 years and a day in prison and be fined $2000. The penalty for selling an illegal hallucinogenic drug in Vermont is up to 3 years in prison, and a fine of $25,000. For possession or selling 1000 doses or more, the penalty is up to 15 years in prison and a fine of up to $500,000. Virginia

On January 10, 2007, Assemblyman John O’Bannon, III (R) introduced House Bill 2844 to the Virginia State Legislature. This bill sought to add salvinorin A to that state’s list of Schedule I controlled substances. The text of the bill only mentioned salvinorin A. Salvia divinorum was not mentioned, but presumably the proposed law could be interpreted to apply to any part of the plant that contains salvinorin A. The bill died in committee.

Assemblyman O’Bannon renewed his efforts the following year. On January 9, 2008, he introduced House Bill 21, which specifically adds both Salvia divinorumm and salvinorin A to Virginia’s list of Schedule I controlled substances. The bill passed in the House (ayes: 98, nays: 0) on January 15, 2008. It passed in the Senate (ayes: 40, nays: 0) on February 18, 2008. It was signed into law by Governor Timothy Kain (D) on March 2, 2008. The new law goes into effect on July 1, 2008. West Virginia

On February 16, 2009, Delegates Daniel Poling (D), Randy Swartzmiller (D), and Mike Manypenny (D) introduced House Bill 2415 to the West Virginia State Legislature. Initially, this legislation sought to make Salvia divinorum a Schedule I controlled substance; however, it was later amended to merely make possession a misdemeanor crime. The amended version included provisions that permitted possession when not intended for human consumption or when prescribed by a physician for medical use. House members voted in favor of the bill on March 31, 2009 (ayes: 98, nays: 2), but the bill died in Senate committee.

This legislation was reintroduced the following year as House Bill 4018, by the same three legislators. When introduced on January 13, 2010, the wording was virtually identical to the amended version of House Bill 2415. House Bill 4018 was later amended to only make possession of extracts and other processed forms of Salvia divinorum illegal. The amended version retained provisions allowing possession when not intended for human consumption or when prescribed by a physician for medical use. Violators would be guilty of a misdemeanor, punishable by up to 6 months in jail or a fine of not more than $1000, or both. The House voted in favor of the bill on February 1, 2010 (ayes: 88, nays: 3). The Senate voted in favor of the bill on March 12, 2010. On April 1, 2010, Governor Joe Manchin III (D) signed the bill into law. The new law goes into effect June 10, 2010. Wisconsin

On August 7, 2007, Representatives Sheldon Wasserman (D), David Cullen (D), John Townsend (R), Mike Sheridan (D), Alvin Ott (R), Jake Hines (R), and Terese Berceau (D) introduced Assembly Bill 477 to the Wisconsin State Legislature. If passed, this bill would prohibit manufacturing, distributing, or delivering the active chemical ingredient in the plant Salvia divinorum (salvinorin A) with the intent that it be consumed by a person. Curiously, the bill makes an exception to this prohibition for salvinorin A that is recognized by the FDA as a homeopathic drug and that may be obtained from a retail store without a prescription. The penalty for violating the prohibition is a fine not to exceed $10,000. The bill died in committee. This legislation was reintroduced during the next legislative session as Assembly Bill 186. It was introduced on April 2, 2009, by Representative Cullen, together with Representatives Tony Staskunas (D), Jon Richards (D), Scott Gunderson (R), Terese Berceau (D), Stephen Nass (R), Joel Kleefisch (R), Garey Bies (R), and Richard Spanbauer (R). The bill was cosponsored by Senators Jeffrey Plale (D), Lena Taylor (D), and John Lehman (D). It passed in the Assembly on September 17, 2009. It passed in the Senate on February 16, 2010. Governor Jim Doyle (D) signed the bill into law on March 3, 2010. Wyoming

On February 13, 2006, Representative Stephen Watt (R) introduced House Bill 0049 to the Wyoming State Legislature. This bill sought to add Salvia divinorum to that state’s list of Schedule I controlled substances. The bill only mentions Salvia divinorum; it does not mention salvinorin A. The bill died without coming up for a vote.

On October 16, 2009, the city of Worland enacted Ordinance 780, which added Salvia divinorum and salvinorin A to the city’s list of prohibited drugs.

House Bill 62 was introduced in January 2011. This bill, which would make Salvia divinorum and salvinorin A controlled substances, passed the House and Senate. The Governor signed it into law February 18, 2011. The new law went into effect July 1, 2011. Details forthcoming.