Is Salvia Legal in North Dakota? (2026)

ILLEGAL
Confidence: High

No — Salvia is illegal in North Dakota as of 2026.

Key Restriction
Possession and use prohibited
Penalty
Felony
Last Updated
2026-03-25
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Quick Answer

Salvia divinorum is a controlled or banned substance in North Dakota. North Dakota enforces its ban on Salvia.

What the Law Says

North Dakota law classifies Salvia divinorum as a Schedule I controlled substance, making its possession, sale, and distribution a felony offense.

N.D. Cent. Code § 19-03.1-05
Category Details
Possession Illegal. Salvia divinorum is classified as a controlled substance in North Dakota. Possession is a criminal offense.
Sale Illegal. Sale and distribution of salvia is prohibited in North Dakota.
Penalties Misdemeanor or felony charges depending on state classification.
Pending Legislation None known
Recent Changes

No recent changes. The ban remains in effect.

Enforcement Reality

North Dakota enforces its ban on Salvia. It is a controlled substance.

Charge Level
Felony
Enforcement Likelihood
High
Common Triggers
Traffic stops, drug investigations, and reports of sale.
Common Mistakes

Possession is a criminal offense.

Local Exceptions

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

Bottom Line

Salvia is illegal in North Dakota. 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.

North Dakota vs. the Rest of the US

Across the US, buying salvia is fully legal in 1 states, restricted in 22, and illegal in 27. North Dakota falls in the ILLEGAL 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 North Dakota?
No — Salvia is illegal in North Dakota as of 2026. Salvia divinorum is a controlled or banned substance in North Dakota. North Dakota enforces its ban on Salvia.
What are the penalties for buying salvia in North Dakota?
Misdemeanor or felony charges depending on state classification.
How strictly does North Dakota enforce its salvia laws?
North Dakota enforces its ban on Salvia. It is a controlled substance.
What typically triggers enforcement in North Dakota?
Traffic stops, drug investigations, and reports of sale.
Does the law on buying salvia change at the North Dakota border?
Yes. Salvia is legal with restrictions in neighboring Montana. 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

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Statute Summary
North Dakota law classifies Salvia divinorum as a Schedule I controlled substance, making its possession, sale, and distribution a felony offense.
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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