Is Salvia Legal in California? Adults, Minors and the Rules That Still Apply

Last reviewed: October 17, 2026. This article is general information, not legal advice. Salvia's legal status differs from state to state, so check the law where you are before assuming it is lawful.

Salvia divinorum, sometimes sold as "diviner's sage," is a plant in the mint family that produces short, intense hallucinogenic effects. It is still sold in some smoke shops and online, which leaves many people wondering whether it is actually legal in California.

Short answer: Yes, for adults, salvia is legal in California in the sense that it is not a controlled substance under state or federal law. The main restriction is that selling, giving or furnishing salvia or salvinorin A to anyone under 18 is a misdemeanor under California Penal Code § 379. Driving while affected by salvia is a DUI, and other states may ban it outright.

What salvia is

According to the DEA's Drug & Chemical Evaluation Section, Salvia divinorum is a perennial herb native to the Sierra Mazateca region of Oaxaca, Mexico, traditionally used by the Mazatec people in divination and healing rituals. Its main active compound, salvinorin A, is a potent and selective kappa opioid receptor agonist. Unlike classic hallucinogens such as LSD or psilocybin, it does not act on the serotonin 2A receptor.

The DEA describes effects including vivid colors and shapes, distorted perception of objects and body movements, a sense of losing one's body, overlapping realities and hallucinations, along with possible incoordination, dizziness and slurred speech. It also notes that salvia and salvinorin A are not approved for any medical use in the United States.

California law, step by step

Possession and use by adults

California's controlled-substance schedules (Health and Safety Code §§ 11054 to 11058) do not list Salvia divinorum or salvinorin A. That means adult possession and use are not drug crimes under state law. California did not ban the plant; it chose instead to restrict access by minors.

Sales and gifts to people under 18

Penal Code § 379 is broad. It applies not only to selling but also to giving, furnishing, administering, or even offering salvia to someone under 18, and it covers any product that contains salvia or salvinorin A, including extracts. A conviction can mean up to six months in county jail, a fine of up to $1,000, or both.

Driving

Using a legal substance does not make it legal to drive on it. California Vehicle Code § 23152(f) makes it unlawful "for a person who is under the influence of any drug to drive a vehicle," and § 312 defines a "drug" as any substance other than alcohol that could impair your ability to drive "to an appreciable degree." Salvia can cause dizziness, incoordination and a loss of awareness of your surroundings, so driving while affected can lead to a DUI arrest.

Local rules and workplaces

Cities, counties, landlords, schools and employers can have their own rules about smoking, intoxication and drug use on their premises. A substance being legal under state law does not stop an employer from disciplining you for being impaired at work.

Federal law

At the federal level, the DEA's December 2025 fact sheet states that S. divinorum and salvinorin A "are not controlled under the CSA," meaning the federal Controlled Substances Act. Federal law therefore does not make simple possession a crime. Because the products are not FDA-approved, they cannot lawfully be marketed as a treatment for any condition.

Other states are different

Salvia's legal position changes as soon as you cross a state line. Some states have added it to their drug schedules. Texas, for example, lists Salvia divinorum (unless unharvested and growing in its natural state) and salvinorin A in Penalty Group 3 of its Controlled Substances Act, Health and Safety Code § 481.104. Taking salvia you bought legally in California into a state like that can expose you to a drug charge there.

If you're comparing state drug laws, our guides to what drugs are legal in Colorado, whether edibles are legal and whether kratom is legal in Ohio show how differently states handle plant-based and psychoactive products.

Safety points worth knowing

Legal does not mean risk-free. Based on the DEA's description of the drug's effects:

• Don't use it alone or near hazards. The loss of awareness and coordination can lead to falls and other injuries.
• Never drive or operate machinery while affected.
• Repeated use has been associated with withdrawal symptoms such as irritability, malaise and anxiety.
• Product strength varies. Extract-enhanced leaves are sold in different strengths, and labels are not regulated as medicines.

If someone appears to be in danger or has a medical emergency after using any substance, call 911. The California Poison Control System answers 24 hours a day at 1-800-222-1222.

Sources

• California Penal Code § 379 (California Legislative Information); unofficial text copy via FindLaw, current as of January 1, 2026
• California Vehicle Code § 23152, driving under the influence (FindLaw copy)
• California Vehicle Code § 312, definition of "drug" (FindLaw copy)
• California Health and Safety Code § 11054, Schedule I (FindLaw copy)
• DEA Drug & Chemical Evaluation Section, Salvia divinorum and salvinorin A fact sheet, December 2025 (PDF)
• California Poison Control System
• Texas Health and Safety Code Chapter 481, § 481.104, Penalty Group 3 (Texas Legislature)