No. Salvia divinorum is not explicitly banned in Brazil, but its psychoactive use and sale are prohibited under the 2006 Lei de Drogas (Law No. 11.343/2006), which criminalizes substances with similar effects to controlled drugs. The Agência Nacional de Vigilância Sanitária (ANVISA) has not listed it as a controlled substance, creating a gray area exploited by vendors.
Key Regulations for Salvia Divinorum in Brazil
- Prohibition via Analogy: Under Art. 2º of the Lei de Drogas, substances with psychoactive effects not explicitly listed may still be prosecuted if deemed analogous to controlled drugs, as interpreted by courts.
- ANVISA’s Stance: The agency has not classified Salvia divinorum as a controlled substance but warns of its potential harm, leaving enforcement to state prosecutors.
- State-Level Enforcement: São Paulo and Rio de Janeiro have prosecuted Salvia divinorum cases under drug trafficking laws, citing “public health risks” despite its legal ambiguity.
Recent 2026 draft amendments to ANVISA’s Lista de Substâncias Controladas propose adding Salvia divinorum’s active compound, salvinorin A, to Schedule I, aligning Brazil with international controls. Until formalized, possession or distribution risks legal challenges under existing narcotics legislation.