No, Salvia Divinorum remains unregulated at the state level in Kansas as of 2024, but local jurisdictions like Wichita and Johnson County have enacted municipal ordinances banning its sale or possession. Kansas’ Uniform Controlled Substances Act does not list salvinorin A or the plant itself, leaving enforcement gaps exploited by retailers. The Kansas Bureau of Investigation has flagged this as a legislative blind spot, with no pending 2026 bills to amend the statute. Federal scheduling under the Controlled Substances Act also excludes Salvia Divinorum, complicating interstate compliance for vendors.
Key Regulations for Salvia Divinorum in Kansas
- Municipal Bans: Cities such as Wichita (Ordinance No. 51-476) and Overland Park prohibit sale or distribution, imposing fines up to $500 for violations.
- Retailer Liability: Businesses in unincorporated areas face no state restrictions but risk civil penalties if local ordinances are violated.
- Law Enforcement Discretion: While possession is not criminalized, officers may confiscate products under public nuisance statutes if deemed a health hazard.
The Kansas Department for Aging and Disability Services monitors emerging psychoactive substances but has not classified Salvia Divinorum as a priority for scheduling. Retailers in Kansas City, KS, operate in a legal gray zone, though neighboring Missouri’s 2023 ban on salvinorin A derivatives underscores potential future Kansas regulatory shifts.