Is Salvia Legal in New Mexico? (2026)
Partially — Salvia is legal with restrictions in New Mexico as of 2026.
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 |
No significant legislative changes. Salvia remains legal.
Enforcement Reality
Salvia is legal in New Mexico, so there is no enforcement.
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 →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.
Comprehensive New Mexico Legal Guides
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