Is Salvia Divinorum Legal in Texas?

Confusion reigns as a hodgepodge of state laws -- and no regulation from the United States federal government -- attempt to sort out the legality of the hallucinogenic herb Salvia divinorum.

History

• As of October 2010, the use, sale, possession, distribution and cultivation of Salvia divinorum remains legal in the state of Texas. A number of initiatives have been launched in the past, beginning in 2007, to criminalize certain aspects of possession of the plant's extract, but those have failed to pass or been tabled in the state legislature.

State

• The "Texas Tribune" reports that the most recent state attempt to regulate the substance came in the form of a 2009 bill introduced by a state senator that would have made the sale of Salvia divinorum to individuals under 18 a Class C misdemeanor. That legislation failed to pass, although supporters indicate the proposal is likely to be reintroduced.

Federal

• No United States federal laws regulate the control of Salvia divinorum in the Lone Star State. "Currently, neither Salvia divinorum nor any of its constituents, including salvinorin A, are controlled under the federal Controlled Substances Act (CSA)," says the U.S. Drug Enforcement Administration. However, a number of individual states have enacted various forms of control over the substance.