United Kingdom

Salvia divinorum remains legal in the UK. In September 2001, in answer to a parliamentary question from Ann Widdecombe MP, asking the Secretary of State for the Home Office "what plans he has to review the legal status of the hallucinogen Salvia divinorum", Bob Ainsworth, a parliamentary Under-Secretary, for the UK Home Office, stated that there were "no current plans to review it's legal status".

Following a local newspaper story in October 2005 Bassetlaw MP John Mann raised an Early Day Motion calling for Salvia divinorum to be banned in the UK (EDM796). The motion only received 11 signatures. It has not been debated or further escalated.

Australia

As of 1st June 2002, Australia became the first country to ban Salvia and salvinorin. According to the Australian Drugs and Poisons Committee Salvia had not yet shown evidence of damage or threat to public health/safety but had potential to be abused. In a statement which has been criticised as self-negating the committee said, "There was no evidence of traditional therapeutic use other than in shamanistic healing rituals".

Denmark

With effect from 23rd August 2003, Salvia divinorum and salvinorin A were classed as 'category B' drugs in Danish law. Category B includes psilocybin mushrooms, cocaine, amphetamine, and several others substances that are only legal for medicinal and scientific purposes. Possession carries a penalty of up to 2 years in prison.

Finland

Finland passed legislation in August 2002 making it illegal to import Salvia divinorum without a prescription from a doctor.

Sweden

Salvia divinorum and salvinorin A were added to Sweden's list of controlled substances with effect from 1st April 2006.

Spain

The sale of Salvia divinorum has been illegal since February 6 2004. The law only prohibits commerce. It does not make possession or use a crime.

Italy

In August 2004, the Italian government decreed salvinorin A "a substance with hallucinogenic properties that may cause conditions of abuse and can manifest latent psychiatric pathologies like acute psychosis and depressive psychosis even in an irreversible way" and put it and the plant Salvia divinorum on their ‘table I’ of outlawed psychotropic substances in March 2005. The Italian government referred to an evaluation of Salvia made by the Italian National Health Institute, assessing it as "a powerful natural hallucinogen" to justify their decision.

Canada

There has been media interest drawing attention to Salvia divinorum's availability in Canada, but there are currently no plans to regulate the herb.

United States

The DEA has indicated on its website that it is aware of Salvia divinorum and is evaluating the plant for possible scheduling.

In late 2002, Rep. Joe Baca (Democrat- California) introduced a bill (Congress bill HR 5607) to schedule Salvia as a controlled substance at the national level. Those opposed to Joe Baca’s bill include Daniel Siebert, who sent a letter to Congress arguing against the proposed legislation, and the Center for Cognitive Liberty & Ethics (CCLE), who sent key members of the US Congress a report on Salvia divinorum and its active principle, along with letters from an array of scientists who expressed concern that scheduling Salvia divinorum would negatively impact important research on the plant. Baca’s bill did not pass. Despite this a number of States have introduced or are proposing their own legislation.

Summary of proposed American State legislation:

State Bill ref. Proposed date Classification Status Proposer Salvinorin A included? Notes
Alaska SB313 05-Apr-2006 Schedule IIA not passed / died Sen. Gene Therriault No  
SB38 16-Jan-2007 Schedule IIA proposed Sen. Gene Therriault Yes  
California AB259 5-Feb-2007 Schedule I proposed Assembly Member Anthony Adams No  
Delaware SB259
(Brett's Law)
16-Mar-2006 Schedule I Passed - 02-May-2006 Sen. Karen Peterson No  
Illinois SB2589 19-Jan-2006 Schedule I not passed / sine die Sen. John J. Millner No  
Iowa Senate Study Bill 1051 18-Jan-2007 Schedule I proposed Governor’s Office of Drug Control Policy Yes  
Louisiana HB20 25-Feb-2005 Schedule I Passed - 15-Aug-2005 Rep. Michael G. Strain No First State to ban Sd.
Maine LD66 Dec-2006 prohibit sale to minors proposed Rep. Chris Barstow No, then Yes Amended - originally proposed 'Schedule Z' classification
Missouri HB165 05-Jan-2005 Schedule I not passed / died Rep. Rachel L. Bringer No  
HB633 23-Feb-2005 Schedule I Passed - 28-Aug-2005 Rep Scott A. Lipke
and Rep. Rachel L. Bringer
Yes  
New Jersey AB3139 06-Apr-2006 Schedule I proposed Assemblywoman Linda Stender Yes  
SB1867 15-May-2006 Schedule I proposed Sen. Stephen Sweeney Yes  
New York S4987 18-Apr-2005 prohibit sale being considered by the State Assembly Sen. John J. Flanagan No  
North Dakota SB2317 15-Jan-2007 Schedule I proposed Sen. Dave Oehlke,  Sen. Randell Christmann et al. No  
Oklahoma HB2485 06-Mar-2006 prohibit extracts Passed - 26-May-2006 Rep. John Nance Yes enhanced, concentrated, and chemically or physically altered
Oregon SB592 22-Feb-2003 Schedule I not passed / died      
HB3485 15-Mar-2003 Schedule I not passed / died      
HB2494 25-Jan-2007 Schedule I proposed Rep. John Lim Yes  
Pennsylvania HB2657 02-May-2006 Schedule I not passed / died Rep. James Casorio et al. Yes  
SB1217 16-Jun-2006 Schedule I not passed / died Sen. Lisa Boscola et al. No  
Tennessee HB2909 /SB3247
/TCA 39-17-452
15-Feb-2006 Schedule I Passed - 01-Jul-2006 Rep. Park M. Strader Yes not an offense to possess, plant, cultivate, grow, or harvest Sd for aesthetic, landscaping, or decorative purposes
Utah HB190 18-Jan-2007 Schedule I proposed Rep. Paul Ray No  
Wyoming HB49 13-Feb-2006 Schedule I died Rep. Stephen Watt No