Salvia divinorum is legal in some countries and banned in others, sometimes across a single border. In the Netherlands it is not on the Opium Act lists and may be sold. In Belgium and Germany the plant itself is a controlled drug. Every row below was checked against a government or public health source on 10 October 2026. Laws change; check the current rules where you are before you buy, carry or travel with salvia.
Checked. 10 October 2026. This is general information, not legal advice.
Overview
| Country | Status | Source |
|---|---|---|
| Netherlands | Not on Opium Act list I or II. Sale and possession are legal. | Opium Act, version in force from 17 Sept 2026 |
| Belgium | Plant and salvinorin A in the drug law since 2006. Possession, import and trade are prohibited. | Druglijn |
| Germany | Listed in Annex I of the Narcotics Act as "Salvia divinorum (plants and plant parts)". | BtMG Anlage I |
| United Kingdom | Covered by the Psychoactive Substances Act 2016. Supply and production: up to 7 years in prison. No penalty for possession, except in prison. | FRANK |
| United States | Not controlled under the federal Controlled Substances Act. Several states have their own bans. | DEA, December 2025 |
| Canada | Schedule IV of the Controlled Drugs and Substances Act since 2016. Production, sale, import and export are prohibited; simple possession is not. | Canada Gazette, SOR/2015-209 |
| Australia | Schedule 9 (prohibited substance). Use is against the law. | ADF |
The Netherlands in detail
Current status. We searched the full consolidated text of the Opium Act, version in force from 17 September 2026, including lists I and II. Neither Salvia divinorum nor salvinorin A appears in it (wetten.overheid.nl). Salvia leaves and extracts are sold openly in Dutch smartshops.
2013: no ban. Asked in parliament whether he would follow Belgium and ban salvia, the health minister said no. He judged the public health risks to be limited, noted that few people used it and said a ban could push sales into illegal channels (Tweede Kamer, Aanhangsel 2718, 2013).
2022: RIVM advice. On 7 September 2022 the national health institute RIVM published a risk assessment of herbal products with salvia. It found that hallucinations, restlessness, confusion, raised heart rate and blood pressure and psychosis can occur even at the amount recommended on the package. RIVM advised consumers not to use these products and advised the Ministry of Health to consider restricting or banning their sale (RIVM, 2022). The advice did not specify the Opium Act or any particular list.
What is not known. We found no published decision by the ministry on that advice. A search of the Dutch government's official publications database for "salvia divinorum" returned nothing after 2018. The Opium Act page notes that some adopted amendments have no commencement date yet; we did not find any proposal that mentions salvia. A ban can be introduced by adding the plant or substance to a list, so this status could change at short notice.
Driving. Under Dutch law it is an offence to drive any vehicle, a bicycle included, under the influence of a substance that impairs driving (Road Traffic Act, art. 8).
Other countries
Belgium. Both the plant and salvinorin A have been in the drug law since 2006, so owning, importing, exporting and selling them is prohibited (Druglijn). Bringing salvia bought in the Netherlands across the border is therefore an offence.
Germany. Annex I of the Betäubungsmittelgesetz lists Salvia divinorum as plants and plant parts. Annex I substances cannot be traded or prescribed legally (BtMG Anlage I). That includes a living plant on a windowsill.
United Kingdom. Salvia falls under the Psychoactive Substances Act 2016, which makes it unlawful to supply, produce or import it. Possession is not an offence, except in prison (FRANK).
United States. Neither the plant nor salvinorin A is controlled under federal law (DEA, December 2025), but a number of states have their own laws. The state is what matters.
Canada. Since February 2016 salvia, its preparations and derivatives are in Schedule IV of the Controlled Drugs and Substances Act. Producing, selling, importing and exporting it are prohibited unless authorised; possessing it for personal use is not (Canada Gazette).
Australia. Salvia is a Schedule 9 substance and using it is against the law (ADF).
Countries not listed here
Several other European countries regulate salvia, but we could not confirm their current rules in a primary source and have left them out instead of repeating secondhand lists. If your country is not in the table, look up its narcotics or new psychoactive substances law directly, or ask a national drug information service.
Ordering and travel
A shop that ships from the Netherlands acts under Dutch law. The person receiving the parcel is subject to the law of the destination country. Ordering salvia into a country where it is banned can count as importing a controlled substance.