Salvia divinorum is legal to sell, buy and possess in the Netherlands, and that is where the products on this site are offered. In much of Europe it is controlled, in the United Kingdom its supply is a criminal offence, and in the United States the federal government does not control it while many states do. Each rule below has a date and a source, checked on 17 October 2026. Laws change; this page is information, not legal advice.
An extract counts as the plant everywhere we checked. Where the leaf is controlled, 5X to 80X extracts, tinctures and sprays are controlled too.
Overview
| Country or state | Status | Since | Source |
|---|---|---|---|
| Netherlands | Not controlled | Opiumwet | |
| Belgium | Controlled (plant and salvinorin A) | plant 2006 | Royal Decree of 6 Sept 2017 |
| Germany | Controlled narcotic (plant and plant parts) | 1 March 2008 | BtMG Anlage I |
| France | Controlled (list I of poisonous substances) | 2010 | Drogues Info Service |
| Spain | Sale to the public prohibited | 6 May 2004 | Orden SCO/190/2004 |
| Italy | Controlled narcotic | 2005 | Decree of 11 Jan 2005 |
| Ireland | Controlled | 2011 | S.I. 551/2011 |
| Switzerland | Controlled narcotic | plant 1 May 2010 | BetmVV-EDI |
| Austria | Salvinorin A under the NPS law; trade punishable, possession not | 1 Jan 2012 | NPSV |
| Denmark | Controlled | 2003 | BEK 405/2026 |
| Sweden | Controlled as a substance harmful to health | 1 April 2006 | Förordning 1999:58 |
| Poland | Controlled | 2009 | Drug law annex |
| United Kingdom | Supply and import offences; possession not an offence outside prisons | 26 May 2016 | Psychoactive Substances Act 2016 |
| United States (federal) | Not controlled | DEA, Dec 2025 | |
| Florida | Schedule I (plant and salvinorin A) | 1 July 2008 | Fla. Stat. 893.03 |
| Delaware | Schedule I | 16 Del. C. ch. 47 | |
| Texas | Penalty Group 3 | 1 Sept 2013 | Health & Safety Code 481.104 |
| California | Sale or gift to under-18s a misdemeanor | Penal Code 379 | |
| Maine | Transfer to a minor prohibited | 2007 | 17 M.R.S. § 2012 |
| Canada | Schedule IV: trade and import prohibited, simple possession not | 8 Feb 2016 | SOR/2015-209 |
| Australia | Schedule 9 (prohibited) | Alcohol and Drug Foundation |
An empty "since" cell means we could not confirm the first date from a primary source.
The Netherlands
Salvia is not on list I or list II of the Opium Act, and salvinorin A, a diterpene, does not fall under the substance groups of list IA (Opiumwet, text in force from 17 September 2026). Smartshops sell leaves and extracts openly.
That position has been questioned. In September 2022 the national institute for public health, RIVM, published a risk assessment that advised consumers not to use salvia products and advised the health ministry to consider restricting or banning their sale (RIVM, 7 September 2022). As of 17 October 2026 we found no decision that followed from it. Visitors may buy and use salvia during a stay; taking it home is a different matter, governed by the law of the country you return to.
Belgium and Germany
Belgium lists both the plant and salvinorin A; the plant has been listed since a royal decree of 2006, and since 1 June 2024 the wording covers "all parts of the plants" (current list: Royal Decree of 6 September 2017). Germany placed "Salvia divinorum (Pflanzen und Pflanzenteile)" in Anlage I of the narcotics law, the list of substances that cannot be traded or prescribed, from 1 March 2008 (BtMG Anlage I). In both countries, ordering salvia from a Dutch shop for delivery home means importing a controlled substance.
France, Spain and Italy
France has listed Salvia divinorum and salvinorin A on list I of poisonous substances since 2010, and possession and acquisition are prohibited (Drogues Info Service). Spain took a different route: since 6 May 2004 an order under the medicines law bans the sale of the plant and its preparations to the public, without making possession a criminal offence (Orden SCO/190/2004). Italy added salvia to its narcotics tables by a decree of 11 January 2005.
United Kingdom
Salvia falls under the Psychoactive Substances Act 2016, in force since 26 May 2016 (Commencement Regulations). Producing, supplying and importing it are offences, with up to seven years in prison for supply; possession is not an offence except in a custodial institution (FRANK). Ordering from a Dutch shop for delivery to the UK is importing.
United States
The federal government does not schedule salvia or salvinorin A; the DEA lists it as a drug of concern (DEA, December 2025). States decide for themselves. In 2015 the Canadian government counted at least 33 US states with some form of control (Canada Gazette, 12 August 2015). The rules range widely:
- Full prohibition. Florida lists the plant and salvinorin A in Schedule I, in force since 1 July 2008. Delaware also lists both in Schedule I. Texas places Salvia divinorum, including extracts and salvinorin A, in Penalty Group 3, after an amendment in force since 1 September 2013.
- Age limits only. California makes selling or giving salvia to anyone under 18 a misdemeanor (Penal Code 379). Maine prohibits transferring it to a minor (since 2007).
If you are in the United States, the statute of your own state decides. A state not named here may still control salvia.
Canada and Australia
Canada added Salvia divinorum and its preparations to Schedule IV of the Controlled Drugs and Substances Act, in force on 8 February 2016: production, trafficking, import and export are prohibited, simple possession is not. In Australia salvia is a Schedule 9 prohibited substance (Alcohol and Drug Foundation).
What this means for buying
The products on this site are for use in the Netherlands. Avalon writes in its shipping terms that customers are responsible for checking the law where the parcel is delivered, and that a parcel stopped by customs is at the customer's own risk. If the overview above lists your country as controlled, ordering for delivery home is importing.
Salvia Divinorum Leaves
View at Avalon Magic Plants
10X Salvia Divinorum 10X extract
View at Avalon Magic Plants
For how to keep products during a stay, see storage. For choosing a strength, see choosing.