Legal status of Salvia divinorum

Salvia divinorum, a psychoactive plant, is legal in most countries. Exceptions, countries where there is some form of control, include Australia, Belgium, Brazil, Canada, Denmark, Estonia, Finland, Germany, Iceland, Ireland, Italy, Japan, South Korea, Norway, Poland, United Kingdom, Ukraine, Spain, Sweden, Armenia and 33 states and territories of the United States.^[1][2]

In the United Kingdom, following a local newspaper story in October 2005,^[3] a parliamentary Early Day Motion was raised calling for Salvia divinorum to be banned there. However, it only received 11 signatures.^[4] A second Early Day Motion was raised in October 2008 attracting 18 signatures.^[5] The Advisory Council on the Misuse of Drugs, the independent body that advises UK government on drugs, was asked to investigate further.^[6] On the 28 January 2016, the Psychoactive Substances Act 2016 was passed. The act came into force on 26 May 2016, across the entire United Kingdom, making Salvia illegal to possess with intent to supply, possess on custodial premises, supply, import for human consumption, or produce for human consumption.^[7] The two sponsors for the bill were Conservative House of Lords member Michael Bates and Conservative MP Theresa May.^[8]

In such places where Salvia divinorum legislation exists, it varies in prohibitive degree from country to country. Australia has imposed its strictest 'Schedule 9' (US Schedule I equivalent or equivalent to class A in the UK) classification, for example, and Italy has also placed Salvia in its 'Table I' of controlled substances (also US Schedule I and class A equivalent). In Spain there are just controls focusing on the commercial trade of Salvia divinorum, and private cultivation (growing one's own plants for non-commercial use) is not targeted.

In the United States, Salvia is not regulated under the Controlled Substances Act but some states, including Delaware, Illinois, Louisiana, Missouri, Virginia, Tennessee, Texas, and others, have passed their own laws.^[9] Several other states have proposed legislation against Salvia, including Alabama, Alaska, California, Florida, Georgia, Iowa, New Jersey, New York, Ohio, Oregon, and Pennsylvania. Many of these proposals have not made it into law, with motions having failed, stalled or otherwise died, for example at committee review stages.^[1][2]

National legislation for amendment of the Controlled Substances Act to place salvinorin A and Salvia divinorum in Schedule I at the federal level was proposed in 2002 by Representative Joe Baca (D – California). Those opposed to bill HR 5607 include Daniel Siebert, who sent a letter to Congress arguing against the proposed legislation,^[10] 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,^[11] along with letters from an array of scientists who expressed concern that scheduling Salvia divinorum would negatively impact important research on the plant. The bill did not pass.^[12][13][14]

Salvia cultivation may prove difficult to police. The plant has a nondescript appearance; unlike cannabis the leaves are not distinctive and it does not have a distinctive odour. Salvia divinorum looks like and can be grown as an ordinary houseplant without the need of special equipment such as hydroponics or high-power lights.^[15][16]