Is Salvia Legal in South Dakota? (2026)
No — Salvia is illegal in South Dakota as of 2026.
Quick Answer
Salvia divinorum is a controlled or banned substance in South Dakota. South Dakota enforces its ban on Salvia.
What the Law Says
South Dakota law classifies Salvia divinorum as a Schedule I controlled substance, making its possession, sale, and distribution a felony offense.
— S.D. Codified Laws § 34-20B-14
| Category | Details |
|---|---|
| Possession | Illegal. Salvia divinorum is classified as a controlled substance in South Dakota. Possession is a criminal offense. |
| Sale | Illegal. Sale and distribution of salvia is prohibited in South Dakota. |
| Penalties | Misdemeanor or felony charges depending on state classification. |
| Pending Legislation | None known |
No recent changes. The ban remains in effect.
Enforcement Reality
South Dakota enforces its ban on Salvia. It is a controlled substance.
Possession is a criminal offense.
Local Exceptions
None identified. State law applies uniformly across South Dakota. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Salvia is illegal in South 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.
South 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. South Dakota 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.
Comprehensive South Dakota Legal Guides
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