No, Salvia divinorum is not explicitly banned in Pennsylvania, but its sale, possession, or use may violate state drug laws under the Controlled Substances Act’s analog provisions or local ordinances. The Pennsylvania Board of Pharmacy has not scheduled it, yet law enforcement may prosecute under broader drug paraphernalia or public health statutes. Municipalities like Philadelphia have enacted stricter local bans, creating a patchwork of compliance risks.
Key Regulations for Salvia Divinorum in Pennsylvania
- Analog Enforcement: Under 35 P.S. § 780-113(a)(32), synthetic cannabinoids or structurally similar compounds may be prosecuted as Schedule I drugs if deemed analogs of prohibited substances.
- Local Ordinances: Philadelphia’s municipal code (Title 6, Chapter 6-200) explicitly bans Salvia divinorum, while Pittsburgh and other jurisdictions lack explicit prohibitions but may regulate under nuisance or public health laws.
- Paraphernalia Laws: 35 P.S. § 780-113(a)(34) criminalizes the sale or possession of drug paraphernalia, including packaging or cultivation tools associated with Salvia divinorum, with penalties up to 1 year imprisonment and $5,000 fines.
Businesses distributing Salvia divinorum face heightened scrutiny from the Pennsylvania Department of Health’s Bureau of Drug and Alcohol Programs, particularly in retail or online sales targeting minors. The 2026 legislative session may introduce statewide scheduling, mirroring neighboring states like New York, where Salvia divinorum is classified as a controlled substance. Compliance requires monitoring municipal updates and federal analog rulings to mitigate enforcement actions.