No. Salvia divinorum is classified as a Schedule I controlled substance in Ohio under HB 62, effective 2023, prohibiting its sale, possession, or use. Local law enforcement, including the Ohio Bureau of Criminal Investigation, enforces penalties ranging from misdemeanors to felonies for violations.
Key Regulations for Salvia Divinorum in Ohio
- Schedule I Status: Ohio Revised Code § 3719.41 explicitly lists Salvia divinorum as a Schedule I controlled substance, mirroring federal DEA scheduling trends.
- Penalties for Possession: Unauthorized possession may result in up to 6 months imprisonment and/or $1,000 fines under § 2925.11, escalating to felony charges for quantities exceeding 10 grams.
- Retail Restrictions: HB 62 bans the sale of Salvia divinorum to minors, with retailers subject to inspections by the Ohio Department of Commerce’s Division of Liquor and Tobacco Control.
Local jurisdictions, such as Columbus and Cleveland, have reinforced these restrictions through municipal ordinances, aligning with state enforcement priorities. The Ohio Attorney General’s Office has prioritized Salvia-related prosecutions in 2024, signaling heightened regulatory scrutiny.