Is Salvia Divinorum Legal in Arizona After the 2026 Framework Overhaul?

No, Salvia divinorum is classified as a Schedule I controlled substance under Arizona Revised Statutes § 13-3401(4)(b), rendering its sale, possession, or use illegal statewide. The Arizona Department of Health Services (ADHS) enforces this classification, aligning with federal drug scheduling trends. Local jurisdictions, including Phoenix and Tucson, have not introduced additional ordinances, as state law preempts municipal regulation.

Key Regulations for Salvia Divinorum in Arizona

  • State Scheduling: Listed as a Schedule I substance under ARS § 13-3401, prohibiting all non-medical use.
  • Penalties: Possession may result in felony charges, with potential imprisonment up to 2 years and fines up to $150,000 under ARS § 13-3408.
  • Sale Restrictions: Distribution is strictly prohibited, with violations punishable under narcotics trafficking statutes (ARS § 13-3407).

The ADHS continues monitoring emerging psychoactive substances, including synthetic analogs, for potential reclassification. No pending 2026 legislation suggests imminent decriminalization or rescheduling. Businesses handling psychoactive plants must verify compliance with ADHS and federal DEA guidelines to avoid enforcement actions.