Is Salvia Legal in Texas? (2026)

ILLEGAL
Confidence: High

No — Salvia is illegal in Texas as of 2026.

Key Restriction
Classified as controlled substance
Penalty
Felony offense
Last Updated
2026-03-25
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Quick Answer

Texas classifies Salvia divinorum as a Penalty Group 3 controlled substance, making its possession a felony offense.

What the Law Says

Texas law classifies Salvia divinorum as a Penalty Group 3 controlled substance, making its possession a felony offense.

Tex. Health & Safety Code § 481.102
Category Details
Possession Illegal. Possession is a felony offense.
Sale Illegal. Sale is prohibited.
Penalties Felony penalties apply for possession and sale under Penalty Group 3 controlled substances.
Age Restriction None
Pending Legislation None known
Recent Changes

No recent changes. The ban remains in effect.

Enforcement Reality

Texas 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 Texas. Local ordinances may still vary — check with your city or county government for any additional rules.

Bottom Line

Salvia is illegal in Texas. 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.

Texas vs. the Rest of the US

Across the US, buying salvia is fully legal in 1 states, restricted in 22, and illegal in 27. Texas 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 Texas?
No — Salvia is illegal in Texas as of 2026. Texas classifies Salvia divinorum as a Penalty Group 3 controlled substance, making its possession a felony offense.
What are the penalties for buying salvia in Texas?
Felony penalties apply for possession and sale under Penalty Group 3 controlled substances.
How strictly does Texas enforce its salvia laws?
Texas enforces its ban on Salvia. It is a controlled substance.
What typically triggers enforcement in Texas?
Traffic stops, drug investigations, and reports of sale.
Does the law on buying salvia change at the Texas border?
Yes. Salvia is legal with restrictions in neighboring New Mexico. 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

2.
Statute Summary
Texas law classifies Salvia divinorum as a Penalty Group 3 controlled substance, making its possession 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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