No, Salvia divinorum is classified as a Schedule I controlled substance in Utah under Utah Code § 58-37-4(1)(a)(i), making its sale, possession, or use illegal statewide as of 2023. The Utah Department of Health and Utah Division of Occupational and Professional Licensing enforce these restrictions, with penalties including misdemeanor charges for first offenses and felony charges for distribution near schools or minors.
Key Regulations for Salvia Divinorum in Utah
- Schedule I Classification: Utah explicitly lists Salvia divinorum and its active compound, salvinorin A, as Schedule I substances, prohibiting all non-medical use.
- Penalty Structure: Possession is a class B misdemeanor (up to 6 months imprisonment and $1,000 fine); distribution to minors or within 1,000 feet of a school elevates charges to a third-degree felony (up to 5 years imprisonment).
- Local Enforcement: The Utah County Sheriff’s Office and Salt Lake City Police Department actively monitor online sales and head shops, collaborating with the Utah Poison Control Center to track adverse reactions.
Utah’s stance aligns with federal trends but predates the 2026 DEA’s potential reclassification review. Businesses selling psychoactive botanicals must verify compliance with Utah’s controlled substance schedules, as ignorance of the law does not constitute a valid defense.