The legal status of Salvia divinorum in the United States varies. At the federal level, the Drug Enforcement Administration (DEA) has indicated that Salvia divinorum and its active constituent, salvinorin A, are not controlled under the Controlled Substances Act. 29 states and the U.S. territory of Guam have passed laws banning the substance.

Background Rep. Joe Baca (D-California) introduced to the House of Representatives the Hallucinogen Control Act of 2002, which aimed to amend the Controlled Substances Act to add "any material, compound, mixture, or preparation" that contained salvinorin A or Salvia divinorum to a Schedule I controlled substance at the national level. Those opposed to Baca's bill included ethnobotanist Daniel Siebert, who sent a letter to the United States Congress arguing against the proposed legislation,Siebert 2002. and the Center for Cognitive Liberty & Ethics, who sent key members of Congress a report on Salvia divinorum and salvinorin A,Boire 2002. along with letters from an array of scientists who expressed concern that scheduling Salvia divinorum would negatively impact important research on the plant.

Despite Rep. Baca's bill not passing, a number of states have proposed their own legislation. Louisiana, Missouri, Tennessee, Delaware, Florida, Illinois, North Dakota, and Minnesota have passed laws prohibiting Salvia divinorum. Some states, such as Delaware, Louisiana, and Missouri, have imposed the strictest classification of Schedule I. By contrast, the state of Maine has passed laws imposing age restrictions, prohibiting use by and sale to minors, in a manner generally consistent with controls existing for tobacco and alcohol.Haskell 2007-02-08 (US Media).

Tennessee has a provision for Salvia divinorum in its natural plant form. There the law classifies its use as a Class A misdemeanor, but it is not an offense to possess, plant, cultivate, grow, or harvest Salvia divinorum for "aesthetic, landscaping, or decorative purposes."Burchett 2006, section 1 (c).

Some state laws only mention Salvia divinorum and not its active constituent, salvinorin A. For example, the plant in its natural form is classified as Schedule I in Delaware, while the much more potent purely extracted salvinorin A remains legal.Peterson 2006, section 3. The legislation in Illinois does not mention salvinorin A, but instead includes "the seeds thereof, any extract from any part of that plant, and every compound, [...] derivative, mixture, or preparation of that plant."Reboletti 2007 (Jan), full text - p.7.

Legal status by state

Summary This table summarizes the status of various state proposals for salvia legislation, with links to following detail state by state.

State Bill ref. Proposed date Classification Status Proposer Salvinorin A included? Notes Alabama HB697 April 22, 2010 Schedule I Enacted July 17, 2010 Rep. James O. Gordon Yes SB330 March 27, 2007 not passed / died Sen. Hank Erwin Yes n/a October 18, 2007 not passed / died Sen. Roger Bedford & Rep. Johnny Mack Morrow unknown Alaska SB313 April 5, 2006 Schedule IIA not passed / died Sen. Gene Therriault No SB38 January 16, 2007 not passed / died Yes SB52 January 21, 2009 not passed / died Yes Arkansas SB423 March 2011 Schedule I Passed Yes California AB259 February 5, 2007 prohibit sale to minors Passed – July 22, 2008 Assembly Member Anthony Adams No, then Yes Proposed bill wording amended from original Schedule I prohibition to only prohibit sale to minors instead. – Passed. Came into effect on January 1, 2009. Colorado 11-134 June 2, 2011 Class 2 Misdemeanor Passed Colorado State Senate Yes See Connecticut SB1098 January 2011 To be scheduled Passed – 6-Jul-2011 "Many legislators, including Senator Boucher" HB6174 Yes ("Salvinorum") See. Also see Delaware SB259 March 16, 2006 Schedule I Passed – May 2, 2006 Sen. Karen Peterson No aka Brett’s law Florida SB340, SB1612 & HB1363 February 7, 2008 Schedule I Passed – May 29, 2008 Sen. Evelyn J. Lynn & Rep. Mary Brandenburg Yes Possession felony for up to 5 years in prison. Effective July 1, 2008 Georgia HB1021 January 1, 2010 "dangerous drug" Passed – July 1, 2010 Rep. John Lunsford Yes Adds "Salvia divinorum A" to list of dangerous drugs. Allows for "possession, planting, cultivation, growing, or harvesting of Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes." Hawaii 2745 SD2 HD1 CD1 January 25, 2010 Schedule I Passed – May 19, 2010 Sen. Colleen Hanabusa Yes – along with "Divinorin A"Added to HRS Section 329-14(d) – Hallucinogenic substances Illinois SB2589 January 19, 2006 Schedule I not passed / sine die Sen. John J. Millner No HB457 January 26, 2007 Passed – August 18, 2007 Rep. Dennis M. Reboletti No Salvinorin A not mentioned, but bill wording incl. "any extract" from plant. Took effect January 1, 2008. Indiana SB57 January 5, 2011 Class A misdemeanor Passed – July 1, 2011 Alting, Charbonneau, Miller Yes Iowa HSB133 SSB1051 January 18, 2007 Schedule I No Governor's Office of Drug Control Policy Yes Amended into House File 491 where it later died. SF510 August 29, 2011 Schedule I Passed – July 29, 2011 Gov. Terry Branstad Yes Enacted 30 days after passing. Kansas SB481 January 28, 2008 Schedule I Passed – April 24, 2008 Sen. Peggy Mast Yes incl. any extract from any part, and every compound, manufacture, derivative, mixture or preparation of such plant, its seeds or extracts Kentucky SB107 January 26, 2010 Schedule I Passed – April 26, 2010 Sen. Brandon Smith Yes Louisiana HB20 February 25, 2005 Schedule I Passed – August 15, 2005 Rep. Michael G. Strain No First State in the US to ban Salvia Divinorum. Maine LD66 December 2006 prohibit sale to minors Passed – May 15, 2007 Rep. Chris Barstow No, then Yes Amended – originally proposed 'Schedule Z' classification Maryland SB 317 and HB 8 January 28, 2009 Schedule I did not pass Senator Gladden and Delegates Haddaway and Eckardt Yes Johns Hopkins University expressed their concern concerning the bill's effects on their own research into salvinorin, and the bills subsequently failed in committee Massachusetts HB4434 May 16, 2007 Class C not passed / died Rep. Viriato Manuel deMacedo and Rep. Daniel K. Webster Yes HB2037 HB1336 HB1789 January 12, 2009 not passed / died Rep. Viriato Manuel deMacedo and Rep. Daniel K. Webster Yes Michigan SB1373 October 1, 2010 Schedule I Passed Yes Minnesota HF2949 February 14, 2008 Schedule IV not passed / died Rep. Joe Atkins No SB2668 not passed / died Sen. Steve Murphy HF 484 February 2009 Schedule I not passed / died Rep. Morrie Lanning SF0569 not passed / died Sen. Bill Ingebrigtsen HF2975 February 2010 Gross misdemeanor not passed / died Rep. Morrie Lanning SF2773 Passed – May 18, 2010 Sen. Bill Ingebrigtsen Yes Mississippi SB2456 January 29, 2008 Schedule I Passed – July 1, 2008 Sen. Hob Bryan No Missouri HB165 January 5, 2005 Schedule I not passed / died Rep. Rachel L. Bringer No HB633 February 23, 2005 Passed – August 28, 2005 Rep Scott A. Lipkeand Rep. Rachel L. Bringer Yes Nebraska LB840 January 10, 2008 Schedule I not passed / sine die Attorney General Jon Bruning & Senator Vickie McDonald Yes LB123 January 9, 2009 Passed – February 27, 2009 Sen. Russ Karpisek Yes New Jersey A1323 January 8, 2008 Schedule I proposed Assemblywoman Linda Stender Yes S3426 December 11, 2008 Schedule I proposed Sen. Stephen Sweeney Yes New Mexico HB144 January 21, 2009 Schedule I not passed / died Rep. W. Ken Martinez & Rep. Keith J. Gardner Yes See New Mexico Statutes Ch. 30, Article 31 for list of controlled substances HB336 February 3, 2011 not passed / diedZachary J. Cook Yes SB127 January 27, 2014 not passed / diedSue Wilson Beffort Yes New York S1454-2013 April 18, 2005 prohibit sale Passed – January 2012 Sen. John J. Flanagan No fine of no more than $500 per violation A8920 June 5, 2007 prohibit possession proposed Assemblyman Carl Heastie No fine of no more than $50 per violation S07736 March 18, 2008 Schedule I proposed no sponsor listed No Possession- Class B Misdemeanor. Sale- Class A Misdemeanor North Carolina SB138 February 11, 2009 Schedule I Passed August 6, 2009 Sen. William R. Purcell, Sen. Stan Bingham et al. Yes applies to all forms of Salvia divinorum North Dakota SB2317 January 15, 2007 Schedule I Passed – August 1, 2007 Sen. Dave Oehlke, Sen. Randell Christmann et al. No, then Yes bill refers to salvinorin A and "any of the active ingredients" of Salvia divinorum Ohio HB215 May 2007 Schedule I Passed – January 6, 2009 Rep. Thom Collier Yes Oklahoma HB2485 March 6, 2006 prohibit extracts Passed – May 26, 2006 Rep. John Nance Yes enhanced, concentrated, and chemically or physically altered HB3148 May 23, 2008 Schedule I Passed – May 23, 2008 Rep. David Derby and Sen. Jonathan Nichols applies to all forms of Salvia divinorum – law comes into effect November 1, 2008 Oregon SB592 February 22, 2003 Schedule I not passed / died Sen. Richard Devlin and Sen. Ryan Deckert HB3485 March 15, 2003 not passed / died Rep. Billy Dalto HB2494 January 25, 2007 not passed / died Rep. John Lim Yes Pennsylvania HB2657 May 2, 2006 Schedule I not passed / died Rep. James Casorio et al. Yes SB1217 June 16, 2006 not passed / died Sen. Lisa Boscola et al. No SB710 March 29, 2007 proposed Sen. Lisa Boscola et al. No HB1379 May 29, 2007 proposed Rep. Beyer et al. No HB1547 June 18, 2007 proposed Rep. James Casorio et al. Yes SB1006 Passed – June 23, 2011 YesRhode Island2014-H 7191, 2014-S 2651June 10, 2014Schedule IPassedRep. Arthur J. Corvese Sen. Frank S. LombardiYesonly extracts are Schedule I; the "unaltered plant" is explicitly exempted South Carolina H4687 February 13, 2008 Schedule I Passed House / later died Rep. Huggins Yes South Dakota HB1090 January 20, 2009 Class 1 misdemeanor / Class 6 felony Passed – March 11, 2009 Rep. Chuck Turbiville No possession of less than 2 ounces a misdemeanor, 2 ounces or more a felony Tennessee SB3247 /HB2909/TCA 39-17-438 February 15, 2006 Class D Felony Passed – July 1, 2006 Rep. Park M. Strader, Sen. Tim Burchett Yes not an offense to possess, plant, cultivate, grow, or