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

No, Salvia Divinorum remains federally unregulated but is classified as a controlled substance under California’s Health and Safety Code § 11054(d)(18), placing it in Schedule I. State law prohibits sale, possession, or use for human consumption, aligning with 2023 amendments targeting psychoactive botanicals. Local jurisdictions like Los Angeles County have enacted additional ordinances banning cultivation, with enforcement by the California Department of Public Health.

Key Regulations for Salvia Divinorum in California

  • Schedule I Status: Listed under HS § 11054(d)(18), prohibiting all non-research uses, including ingestion or distribution.
  • Local Bans: Cities such as San Francisco and San Jose enforce stricter ordinances, criminalizing possession even where state law is ambiguous.
  • 2026 Compliance Shifts: Pending regulations from the California Bureau of Cannabis Control may expand oversight to include Salvia Divinorum in retail restrictions, mirroring emerging DEA scheduling discussions.