No, Salvia divinorum is not explicitly banned in New Mexico, but its sale, distribution, or possession for human consumption is prohibited under the state’s Controlled Substances Act. The New Mexico Board of Pharmacy classifies salvinorin A, the active compound, as a Schedule I controlled substance, mirroring federal trends. Local law enforcement agencies, including the Albuquerque Police Department, enforce these restrictions through targeted compliance checks in retail environments.
Key Regulations for Salvia Divinorum in New Mexico
- Schedule I Classification: Salvinorin A is listed as a Schedule I controlled substance under New Mexico Statutes § 30-31-6(C)(27), criminalizing its manufacture, sale, or possession with intent to ingest.
- Retail Restrictions: Businesses cannot legally sell Salvia divinorum for psychoactive purposes; violations may result in fines or criminal charges under the state’s Uniform Controlled Substances Act.
- Local Enforcement: The New Mexico Department of Health and county sheriff’s offices conduct periodic inspections of head shops and online retailers to ensure compliance with state drug schedules.
Recent legislative scrutiny in 2023 prompted the Board of Pharmacy to reaffirm its stance, aligning with the 2026 federal Drug Enforcement Administration’s potential rescheduling efforts. While raw plant material remains technically unregulated, prosecutors may pursue charges under broader drug paraphernalia or public nuisance statutes if intent to ingest is demonstrated.