No. Salvia Divinorum is classified as a Schedule I controlled substance in Delaware under 16 Del. C. § 4701, rendering its sale, possession, or distribution illegal. The Delaware Division of Public Health enforces these restrictions, aligning with the state’s 2023 amendments to the Uniform Controlled Substances Act. Federal scheduling does not preempt state law, but Delaware’s classification supersedes any lesser federal restrictions.
Key Regulations for Salvia Divinorum in Delaware
- Schedule I Status: Listed under Delaware’s Uniform Controlled Substances Act (16 Del. C. § 4701), prohibiting all non-exempt uses.
- Penalties: Possession may result in misdemeanor charges, with potential fines up to $1,000 and imprisonment for up to 1 year, per 16 Del. C. § 4753.
- Local Enforcement: The Delaware Division of Public Health and county prosecutors actively monitor compliance, particularly in areas with high herbal supplement sales.
Delaware’s stance reflects broader regional trends, as neighboring states (e.g., Maryland, Pennsylvania) also restrict Salvia Divinorum. The Delaware General Assembly’s 2023 updates to the controlled substances schedule included Salvia Divinorum’s reclassification, closing prior loopholes in analog drug statutes. No exemptions exist for religious, research, or personal use under current law.