No. Salvia divinorum remains unregulated under North Dakota’s controlled substances laws as of 2024, but the state’s Attorney General has signaled potential scheduling under Schedule I if federal or neighboring state actions escalate. Local law enforcement agencies monitor its distribution due to its psychoactive properties, though no statewide bans exist.
Key Regulations for Salvia Divinorum in North Dakota
- No state scheduling: The North Dakota Century Code does not list Salvia divinorum or its active compound, salvinorin A, as controlled substances, leaving possession and sale technically legal.
- Local enforcement discretion: While state law permits use, county prosecutors may pursue charges under public intoxication or drug paraphernalia statutes if salvia is linked to disruptive behavior or sales to minors.
- Pending legislative scrutiny: The 2023–2024 interim legislative committee on controlled substances recommended monitoring federal DEA scheduling actions, with potential 2026 legislative sessions considering prohibition if trends in neighboring states (e.g., Minnesota’s 2023 ban) gain traction.
Retailers in North Dakota may sell salvia products, but labeling requirements under the state’s Food, Drug, and Cosmetic Act prohibit false health claims. The North Dakota Department of Health’s 2024 guidance advises caution due to insufficient safety data, though no formal restrictions apply.