Is Salvia Legal in Delaware? (2026)
No — Salvia is illegal in Delaware as of 2026.
Quick Answer
Salvia divinorum is illegal in Delaware. In 2012, Delaware added salvinorin A (the active compound in salvia) to its list of controlled substances. Possession, sale, and distribution are prohibited under Delaware Code Title 16, Chapter 47. Violations are treated as drug offenses with corresponding penalties.
What the Law Says
Delaware law, known as Brett's Law, classifies Salvia divinorum as a Schedule I controlled substance, making it illegal to possess, sell, or distribute. Possession is a misdemeanor, while sale is a felony.
— Del. Code tit. 16, § 4701
| Category | Details |
|---|---|
| Possession | Illegal. Salvinorin A is a Schedule I controlled substance in Delaware. Any amount of possession is a criminal offense. |
| Sale | Illegal. Sale or distribution of salvia divinorum or salvinorin A is a felony offense. |
| Penalties | Possession is a Class A misdemeanor (up to 1 year in jail, fines up to $2,300). Sale or distribution is a Class E felony (up to 5 years in prison). |
| Age Restriction | Illegal for all ages. |
| Pending Legislation | None known |
No recent changes. The law has been in effect since 2012.
Enforcement Reality
Delaware actively enforces its ban on Salvia. Possession is a misdemeanor, and sale is a felony.
Underestimating the penalties. Sale of Salvia is a felony in Delaware.
Local Exceptions
None identified. State law applies uniformly across Delaware. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Salvia is illegal in Delaware. Possession or use can result in criminal charges. Do not assume enforcement is lax — penalties are real. Consult a licensed attorney if you have specific questions.
Delaware vs. the Rest of the US
Across the US, buying salvia is fully legal in 1 states, restricted in 22, and illegal in 27. Delaware falls in the ILLEGAL category.
View the full 50-state map →Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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