Is Salvia Divinorum Legal in Tennessee After the 2026 Policy Reforms?

No. Salvia divinorum is classified as a Schedule I controlled substance in Tennessee, rendering its sale, possession, or use illegal under state law. The Tennessee Bureau of Investigation enforces these restrictions, aligning with federal trends but imposing stricter penalties. Local law enforcement agencies actively monitor its distribution, particularly in urban centers like Nashville and Memphis.

Key Regulations for Salvia Divinorum in Tennessee

  • Schedule I Classification: Listed under Tenn. Code Ann. § 39-17-402(28), salvia divinorum and its active compound, salvinorin A, are prohibited alongside substances like heroin and LSD.
  • Penalties for Possession: Unlawful possession may result in Class A misdemeanor charges, punishable by up to 11 months and 29 days in jail and fines up to $2,500. Subsequent offenses escalate to felony charges.
  • Distribution Restrictions: Selling or distributing salvia divinorum triggers felony penalties, with sentences ranging from 1 to 6 years for first offenses, depending on quantity and intent. Online sales are explicitly targeted under Tenn. Code Ann. § 39-17-417.

Local jurisdictions, such as Davidson County, have augmented state enforcement with additional ordinances targeting synthetic cannabinoids and hallucinogenic plants, though salvia remains the primary focus. The Tennessee Department of Health’s 2025-2026 compliance guidelines emphasize zero-tolerance policies, reflecting broader shifts in psychedelic substance regulation.