No, Salvia divinorum is not explicitly legal in Minnesota as of 2024, though it remains unregulated at the state level. Local jurisdictions, including the Minneapolis City Council, have debated but not yet enacted bans, leaving enforcement inconsistent. The Minnesota Board of Pharmacy has not scheduled it as a controlled substance, creating a legal gray area for possession or distribution.
Key Regulations for Salvia Divinorum in Minnesota
- State-Level Status: Unregulated under Minnesota Statutes § 152.02, meaning no statewide prohibition exists, but law enforcement may interpret it under broader drug paraphernalia laws.
- Local Ordinances: Minneapolis and St. Paul have considered but not passed ordinances banning sales, with discussions ongoing in 2024. Other municipalities may enforce stricter rules.
- Federal Context: While not federally scheduled, the DEA’s 2026 review of psychoactive substances could influence future Minnesota policy, potentially leading to a controlled substance designation.
Retailers and consumers should monitor updates from the Minnesota Department of Health and local law enforcement, as enforcement priorities may shift without legislative action. The absence of explicit regulation does not guarantee legal protection, particularly in cases involving minors or public consumption.