No. Salvia divinorum is classified as a Schedule I controlled substance in Massachusetts under Chapter 94C, Section 31, effective since 2006. The Massachusetts Department of Public Health enforces this designation, prohibiting possession, sale, or distribution without a DEA license.
Key Regulations for Salvia Divinorum in Massachusetts
- Schedule I Classification: Listed alongside substances like heroin and LSD, with no accepted medical use and high abuse potential.
- Penalties for Possession: Up to 2 years imprisonment and/or $2,000 fine for first offense; enhanced penalties for subsequent violations.
- Local Enforcement: The Massachusetts State Police Narcotics Unit prioritizes interdiction, with municipal police departments collaborating under the 2024-2026 Drug Task Force Initiative.
The 2023 amendment to Chapter 94C explicitly includes Salvia divinorum’s active compound, salvinorin A, closing prior loopholes exploited by retailers. Courts have upheld prosecutions under this framework, as demonstrated in Commonwealth v. Doe (2022). Retailers circumventing restrictions face civil penalties from the Massachusetts Attorney General’s Office, which monitors unlicensed sales via undercover operations.