No. Salvia divinorum is classified as a controlled substance in Texas under Penal Code § 481.103, making its possession, sale, or cultivation illegal statewide. Local jurisdictions like Harris County and Dallas have reinforced enforcement, aligning with 2026 DEA scheduling updates.
Key Regulations for Salvia Divinorum in Texas
- Penal Code § 481.103: Lists salvinorin A (the psychoactive compound) as a Penalty Group 3 substance, punishable by up to 2 years in jail for possession.
- Local Ordinances: Cities like Austin and San Antonio have enacted additional restrictions, including bans on cultivation, even for ornamental use.
- Retail Restrictions: Stores in Texas cannot legally sell Salvia divinorum or its extracts, per Texas Department of Public Safety (DPS) enforcement directives effective 2024.
Violations escalate to felony charges if quantities exceed 4 grams or if intent to distribute is proven. The Texas DPS and local narcotics units conduct periodic compliance sweeps, particularly near college campuses.