Is Salvia divinorum Illegal?
Answered by: Conrad Richter
Question from: Linda
Posted on: March 29, 2004

Do you have any idea if this plant has become illegal in the United States or not? I get the impression that it is about to be. I checked a DEA site recommended in Richters Q&A section yesterday, but it hadn’t been updated since Sept. 2002. I don’t want to have my life ruined by breaking a law, but I do want to try this plant as I think it could be very helpful. Is this something your plant inspector would know? Would you just not ship it if it became illegal?

As far as we know Salvia divinorum is still legal in the United States. In 2002, Congressman Joe Baca introduced a bill called the Hallucinogen Control Act of 2002 which sought to place Salvia divinorum and its active constituent Salvinorin A on Schedule I of the federal Controlled Substances Act. But the bill died at the end of the 107th Congress. Rep. Baca said that the same bill would be re-introduced in the 108th Congress but so far that has not happened.

For an update on the legal status of Salvia divinorum in the U.S. and other countries, visit Erowid’s "Salvia Legal Status" page at

Richters will not knowingly ship any plant, seed or dried herb to any jurisdiction where that plant, seed or dried herb is illegal. As soon as we become aware of a change in legal status in any country or state we stop shipments. But we cannot stay abreast of every change in legal status in every jurisdiction. There are simply too many laws and regulations that affect herbs including narcotic laws, poisonous substances laws, weed control laws, phytosanitary regulations, just to name a few. Customers should check with their authorities for any prohibitions or restrictions on the products they order from Richters.

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