No, Salvia divinorum remains unregulated in Wyoming as of 2024, with no state statutes or administrative rules explicitly prohibiting its possession, sale, or use. The Wyoming Controlled Substances Act does not list salvinorin A or the plant itself, leaving it in a legal gray area absent local ordinances. However, the Wyoming Department of Agriculture’s 2023 advisory on emerging psychoactive substances signals potential future scrutiny, particularly for retailers selling to minors or in unlicensed establishments.
Key Regulations for Salvia Divinorum in Wyoming
- No State-Level Prohibition: Wyoming’s controlled substances schedules (Wyo. Stat. § 35-7-1001 et seq.) do not include salvinorin A or Salvia divinorum, rendering it legal under state law.
- Local Ordinance Risks: Municipalities like Cheyenne or Jackson may impose age restrictions or sales bans via local business licensing codes, though none have enacted such measures to date.
- Federal and Tribal Overlaps: While federal law does not prohibit salvia, the Wind River Reservation’s tribal council has signaled interest in aligning with broader drug control policies, creating potential jurisdictional complications for sellers near reservation borders.
Retailers should monitor the Wyoming Legislature’s 2026 session, where lawmakers have proposed adding salvia to the state’s controlled substances list in response to national trends. Until then, vendors operate in a permissive but precarious legal environment, particularly when marketing to consumers under 18 or in proximity to tribal lands.