Are Salvia Divinorum Seeds Legal or Are Salvia Seeds Illegal?

The effects of salvia divinorum are well known by most who experiment with recreational psychoactive drugs. This drug is also commonly known in the southwest as a means to communicate with or experience a link with the divine. Throughout the world the laws vary regarding the use of this drug in any form, and where it is illegal to take it is usually illegal to possess the seeds. For those who want to grow the plant itself it’s necessary to know the local laws.

Why is it Illegal in Some Countries?

Germany and Ireland are among the few places to official ban the use, sell or ownership of salvia including the seeds in February of 2008. Put simple the reason is to abolish any “legal highs”. This is the gateway drug argument often used to ban substances that alter the conscious of sense or reality for an individual for a limited time. Typically the focus of this concern is on younger people such as teenagers as many are concerned such use will effect how a young person develops. It is also felt by some in police officials that any drug increases the likelihood of crime as individuals who under the effects of a drug will act aggressively, or steal to have money to take drugs.

Why Has Salvia Remained Legal so Long?

Diviner’s Sage as it was known in Mexico, or Sally-D as it is commonly referred to now has managed to fly under the radar in regards to police and legislation. The reason for this is the drug like marijuana is not frequently the cause of hospitalizations, overdoses or fatalities. While some have injured themselves on a trip, or have become ill with headaches, muscle aches, or nausea from taking too much, serious issues from this drug are rare.


In the U.K.

In 2001 the Secretary of State for the Home Office had seen no evidence of significant misuse of Salvia divinorum and had no plans at that time to review it’s legal status. In 2006, after a newspaper account of the herb drew public interest there were calls to see it banned. The issue raised by media was younger people buying the substance from each other, or from the Internet. Fearing a “wider cultural attachment “ to the drug there were calls among members of parliament to ban it in that year. Still, the substance including the seed has not at this time been banned in the U.K. although this could change due to public attitudes regarding similar drugs.

In the U.S.

Laws regarding the use of almost any drug are complicated in the U.S. by the fact federal laws might permit it, but states and local laws regarding a substance will vary.

Currently there is no federal law regarding the seeds of this plant, but various states bans can carry penalties including jail time and heavy fines for having any part of this shrub including the seeds. Several states have laws that have remained pending for years regarding Sally-D, but as yet haven’t passed them. The state of Texas is a good example of this shoe waiting to drop suspense regarding this herb with laws held up for several years before finally passing a ban on the sale and possession of the drug. At this time in Texas it is illegal to have a compound or preparation of the divinorum plant including extracts and seeds. At this time in this state the herb is now considered a Penalty Group 3 controlled Substance. Meanwhile some states have controls on how much a person can be holding to make it a possession charge, while other states don’t seem to know yet what Salvia is, or whether a ban should be passed.

Unofficial Bans

It’s important to know that many states or districts do not need a specific regulation banning this substance since arrests and convictions can be made based on the fact other laws apply. For example if the state or district is banning any hallucinatory drug or any substance that falls into one of the categories of hallucinogens there’s no need for a ban that specific names Sally-D as does fall into one of these categories. This typically means owning the seeds or attempting to sell them could mean legal issues.

City Bans

In both the U.K. and America some cities, towns, counties, and district will ban this substance. Typically these laws are all encompassing meaning drug taken for a psychedelic effects are banned. This will again include this substance as it falls into this category of hallucinogen.

Check Before Buying

Checking out the local laws, state laws for Americans, and commerce laws before buying or attempting to sell these seeds is a good move. Knowing ahead of time what laws are on the books, and what is typically enforced can prevent legal problems later.