Salvia Divinorum Legal Status in the US (2026)
Not federally banned, but 27 states have outlawed it. Here is the complete state-by-state breakdown.
Reviewed by Laura Bennett · Last updated March 2026
Federal Status: Not Scheduled
Salvia divinorum is not a federally controlled substance in the United States. It is not listed on any schedule of the Controlled Substances Act (21 U.S.C. § 811). The DEA has listed salvia as a "Drug and Chemical of Concern" but has not initiated formal scheduling proceedings.
This means that salvia regulation is entirely a state-by-state matter. The legal status varies dramatically depending on where you are — from completely legal with no restrictions to a Schedule 1 felony offense.
States Where Salvia Is Illegal
The following 27 states have banned salvia divinorum by adding it to their controlled substance schedules:
| State | Status |
|---|---|
| Alabama | Illegal |
| Arkansas | Illegal |
| Colorado | Illegal |
| Connecticut | Illegal |
| Delaware | Illegal |
| Florida | Illegal |
| Georgia | Illegal |
| Hawaii | Illegal |
| Illinois | Illegal |
| Indiana | Illegal |
| Kansas | Illegal |
| Kentucky | Illegal |
| Louisiana | Illegal |
| Michigan | Illegal |
| Minnesota | Illegal |
| Mississippi | Illegal |
| Missouri | Illegal |
| Nebraska | Illegal |
| North Carolina | Illegal |
| North Dakota | Illegal |
| Oklahoma | Illegal |
| South Dakota | Illegal |
| Tennessee | Illegal |
| Texas | Illegal |
| Virginia | Illegal |
| Wisconsin | Illegal |
| Wyoming | Illegal |
States Where Salvia Is Restricted
These 22 states have partial restrictions on salvia, such as age limits for purchase or restrictions on sale to minors:
| State | Status |
|---|---|
| Alaska | Restricted |
| Arizona | Restricted |
| California | Restricted |
| Idaho | Restricted |
| Iowa | Restricted |
| Maine | Restricted |
| Maryland | Restricted |
| Massachusetts | Restricted |
| Montana | Restricted |
| Nevada | Restricted |
| New Hampshire | Restricted |
| New Jersey | Restricted |
| New Mexico | Restricted |
| New York | Restricted |
| Oregon | Restricted |
| Pennsylvania | Restricted |
| Rhode Island | Restricted |
| South Carolina | Restricted |
| Utah | Restricted |
| Vermont | Restricted |
| Washington | Restricted |
| West Virginia | Restricted |
States Where Salvia Is Legal
The following 1 state have no laws restricting salvia divinorum:
| State | Status |
|---|---|
| Ohio | Legal |
What Is Salvia Divinorum?
Salvia divinorum is a psychoactive plant in the mint family (Lamiaceae), native to the cloud forests of Oaxaca, Mexico. Its primary active compound, salvinorin A, is a potent kappa-opioid receptor agonist that produces intense but short-lived hallucinogenic effects when smoked or chewed. Effects typically last 5-20 minutes when smoked.
Unlike most other psychoactive substances, salvinorin A is not an alkaloid — it is a terpenoid. This unique pharmacology is one reason it has not been federally scheduled under existing drug classification frameworks.
Frequently Asked Questions
Is salvia divinorum legal in the United States?
There is no federal ban on salvia divinorum. However, 27 states have banned it and 22 states have restrictions. It is fully legal in 1 state.
Is salvia a controlled substance?
Not at the federal level. The DEA lists it as a "Drug of Concern" but has not scheduled it. Individual states have added it to their own controlled substance schedules.
Which states have banned salvia divinorum?
As of 2026, 27 states have banned salvia. See the complete list above with links to each state's specific laws and penalties.