Is Salvia Legal in New Mexico? (2026)

RESTRICTED
Confidence: High

Partially — Salvia is legal with restrictions in New Mexico as of 2026.

Key Restriction
Legal
Penalty
None
Last Updated
2026-03-25
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Quick Answer

Salvia divinorum is not a controlled substance in New Mexico and is legal to possess, sell, and use. No significant legislative changes.

What the Law Says

Salvia divinorum is not a controlled substance in New Mexico. While the state has explored the issue, no laws have been enacted to prohibit its possession, sale, or use.

N.M. Stat. § 30-31-6
Category Details
Possession Legal. Salvia divinorum is not a controlled substance in New Mexico. No restrictions on personal possession.
Sale Legal to sell in retail stores and online in New Mexico. No special licensing required.
Penalties N/A
Age Restriction None
Pending Legislation None known
Recent Changes

No significant legislative changes. Salvia remains legal.

Enforcement Reality

Salvia is legal in New Mexico, so there is no enforcement.

Charge Level
No criminal penalty
Enforcement Likelihood
None
Common Triggers
N/A
Common Mistakes

No common mistakes as it is legal.

Local Exceptions

None identified. State law applies uniformly across New Mexico. Local ordinances may still vary — check with your city or county government for any additional rules.

Bottom Line

Salvia is legal with restrictions in New Mexico. This product is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.

New Mexico vs. the Rest of the US

Across the US, buying salvia is fully legal in 1 states, restricted in 22, and illegal in 27. New Mexico falls in the RESTRICTED category.

View the full 50-state map →

Neighboring States

Laws change at state lines. Here is how bordering states compare on Salvia:

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Frequently Asked Questions

Is it legal to buy Salvia in New Mexico?
Partially — Salvia is legal with restrictions in New Mexico as of 2026. Salvia divinorum is not a controlled substance in New Mexico and is legal to possess, sell, and use. No significant legislative changes.
What are the restrictions on buying salvia in New Mexico?
Legal. Salvia divinorum is not a controlled substance in New Mexico. No restrictions on personal possession.. Legal to sell in retail stores and online in New Mexico. No special licensing required.
What mistakes do people make with buying salvia in New Mexico?
No common mistakes as it is legal.
Does the law on buying salvia change at the New Mexico border?
Yes. Salvia is illegal in neighboring Colorado. Laws change at state lines — check each state individually before traveling.

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EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

1.
Primary Citation
2.
Statute Summary
Salvia divinorum is not a controlled substance in New Mexico. While the state has explored the issue, no laws have been enacted to prohibit its possession, sale, or use.
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

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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