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Is Salvia divinorum legal in New York?

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At this time, Salvia is legal in New York, however it is illegal in 15 states (see below)

Salvia is not regulated under the Controlled Substances Act in the United States. However, some U.S. states, including Delaware, Louisiana, Missouri, Ohio and others, have passed their own laws.

Several other states have proposed legislation against salvia, including Alabama, Alaska, California, Florida, Iowa, Maryland, Michigan, New Jersey, New York, Oregon, Pennsylvania, and Texas. Many of these proposals have not made it into law, with motions having failed, stalled or otherwise died, for example at committee review stages.

US States with Laws Prohibiting Salvia - Illegal
Minnesota (goes into effect August 1, 2010)
North Dakota
South Dakota

Only Legal When Not Intended for Human Consumption
North Carolina
West Virginia (applies only to “processed” material; goes into effect June 10, 2010)

Illegal to Provide to Underage Persons
California (but legal for minors to possess)
Maine (and illegal to possess if under 18 years old)
Maryland (and illegal to possess if under 21 years old; goes into effect June 1, 2010)

Illegal to Manufacture, Deliver, or Sell Salvinorin A, but Legal to Possess


Hello, I'm from Long Island and I have an updated (2018) answer to your question. Salvia Divinorum is ILLEGAL in New York State. I found this out when I was visiting NYC earlier this month (December), and while I was there I stopped into a handful of smoke/head shoppes to purchase some. All of the shoppe owners told me that they could no longer sell it because it is currently illegal, and I was told that this decision was made in either 2015 or 2016. I checked out my local head shoppe (Suffolk County) and the girls who own the shoppe also told me that it was illegal, along with both Spice and K2, thus could no longer be sold in shoppes. However, I believe it's still possible to purchase some online and have it shipped to you, though I've yet to try this for myself.

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