Is Salvia Divinorum Legal in Maryland After the 2026 Policy Reforms?

No. Maryland classifies Salvia divinorum as a Schedule I controlled substance under HB 1109 (2023), aligning with federal DEA scheduling. Possession, sale, or distribution carries penalties up to 20 years imprisonment and fines up to $25,000. Local law enforcement, per Maryland State Police directives, prioritizes interdiction in Baltimore and Prince George’s County due to synthetic cannabinoid diversion risks.

Key Regulations for Salvia Divinorum in Maryland

  • Schedule I Classification: HB 1109 (effective October 1, 2023) explicitly lists Salvia divinorum and its active compound, salvinorin A, as Schedule I substances, prohibiting all non-research uses.
  • Penalty Structure: Violations under §5-602 of the Maryland Criminal Law Code trigger felony charges, with mandatory minimum sentences for distribution within 1,000 feet of schools or parks.
  • Local Enforcement Priorities: The Maryland Department of Health’s 2024 Controlled Substance Advisory Council identifies Salvia divinorum as a “high-risk herbal supplement,” prompting enhanced monitoring by county health departments and the Maryland Poison Center.

The Maryland Medical Cannabis Commission’s 2026 licensing cycle excludes Salvia divinorum from approved research protocols, reinforcing its prohibition. Retailers must verify compliance via the Maryland Prescription Drug Monitoring Program (PDMP) to avoid civil penalties under the 2025 Omnibus Drug Enforcement Act.