No. Texas classifies Salvia divinorum, its extracts and its active compound salvinorin A as Penalty Group 3 controlled substances. Possession can lead to a misdemeanor or felony charge, while manufacture, delivery and possession with intent to deliver carry heavier penalties.
Federal law is different. The DEA does not currently list salvia under the federal Controlled Substances Act, but Texas law still applies inside the state. The rules below were checked against the Texas statutes in October 2026.
Texas Added Salvia to Penalty Group 3 in 2013
Salvia divinorum comes from the Sierra Mazateca region of southern Mexico. Mazatec communities have used the plant in ceremonial and healing practices, including traditions documented in reporting on Mazatec salvia ceremonies.
Texas placed salvia in Penalty Group 3 through House Bill 124. The law took effect on September 1, 2013 and added Salvia divinorum, its derivatives and extracts to the Texas Controlled Substances Act.
The current Texas Health and Safety Code Chapter 481 keeps salvia in Penalty Group 3. The same classification also appears in legal databases such as Section 481.104.
Possession and Use Are Not the Same Legal Question
Texas law criminalizes possession, manufacture, delivery and possession with intent to deliver. It does not create a separate offense called “using salvia.”
That distinction does not make recreational use legal. A person using salvia will normally possess the substance first, and possession is enough to trigger Section 481.117.
The statute contains a narrow exception for Salvia divinorum that is unharvested and growing in its natural state. Harvested leaves, extracts and preparations do not fall under that exception.
A retail label saying “not for human consumption” does not remove a product from Penalty Group 3. Texas law looks at the substance itself rather than the marketing language printed on its packaging.
Salvia Possession Penalties in Texas
Texas Health and Safety Code § 481.117 sets the penalties for possessing a Penalty Group 3 substance. Weight includes adulterants and dilutants, so the number used in court is not necessarily the weight of pure salvinorin A.
| Amount | Offense | Possible Jail or Prison Term | Maximum Fine |
|---|---|---|---|
| Less than 28 grams | Class A misdemeanor | Up to 1 year in county jail | $4,000 |
| 28 to less than 200 grams | Third-degree felony | 2 to 10 years | $10,000 |
| 200 to less than 400 grams | Second-degree felony | 2 to 20 years | $10,000 |
| 400 grams or more | First-degree felony | 5 to 99 years or life | $50,000 |
The sentencing ranges come from the Texas Controlled Substances Act and the general felony and misdemeanor punishment provisions in the Texas Penal Code. They are statutory limits, not automatic sentences.
Prior convictions, plea agreements, community supervision and other facts can change the result in an individual case. Our guide to probation and parole explains why those two forms of release should not be confused with the maximum sentence stated in a criminal statute.
Selling or Delivering Salvia Brings Higher Penalties
Manufacturing, delivering or possessing salvia with intent to deliver is governed by Texas Health and Safety Code § 481.114.
| Amount | Offense | Possible Jail or Prison Term | Maximum Fine |
|---|---|---|---|
| Less than 28 grams | State jail felony | 180 days to 2 years | $10,000 |
| 28 to less than 200 grams | Second-degree felony | 2 to 20 years | $10,000 |
| 200 to less than 400 grams | First-degree felony | 5 to 99 years or life | $10,000 |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years or life | $100,000 |
Selling a small amount is therefore not automatically a second-degree felony. An amount below 28 grams starts as a state jail felony, while higher quantities move into more serious categories.
Delivery to a Child
Section 481.122 creates a separate offense for knowingly delivering a Penalty Group 3 controlled substance to a child, to a student enrolled in a primary or secondary school, or to someone the seller believes intends to pass it to one of those people.
The offense is a second-degree felony. Texas defines a child for this section as someone younger than 18.
Schools and Drug-Free Zones
Location can also affect punishment. Section 481.134 covers drug-free zones around schools, youth centers, playgrounds and several other protected locations.
The exact enhancement depends on the underlying offense and location. A sale near a school should not be reduced to a blanket rule saying that every case automatically becomes a first-degree felony.
Social Media Can Increase the Punishment
Texas also has a newer rule for drug sales arranged or promoted through social platforms. Under Section 481.142, using a social media platform to further a controlled-substance delivery offense can move the punishment into the next higher category.
The rule matters to sellers using social accounts, messaging platforms or similar services to arrange transactions. Online activity does not create a separate legal market for salvia.
Federal Law Does Not Ban Salvia the Same Way Texas Does
The DEA salvia fact sheet states that neither Salvia divinorum nor salvinorin A is currently controlled under the federal Controlled Substances Act.
The DEA also states that salvia has no approved medical use in the United States. Federal and state drug schedules operate separately, which is why something can remain unscheduled federally and still be illegal to possess under Texas law.
Anyone buying a product online should therefore look at state law rather than relying on a website describing salvia as a “legal high.”
What Current Research Says About Salvia
Salvinorin A has attracted scientific interest because it acts primarily at kappa-opioid receptors rather than through the serotonin system associated with many classic psychedelics.
Consumer health resources such as WebMD discuss possible medical research involving salvia, and articles on the therapeutic potential of the plant describe areas being investigated. Neither source establishes salvia as an approved treatment.
A 2025 scientific review found preclinical research involving pain, addiction, mood disorders and neurological conditions. Much of that work comes from laboratory and animal studies rather than established treatment in humans.
A 2026 systematic review examined 12 human clinical trials involving 174 participants. In inhalation studies, effects generally began within seconds, peaked after one or two minutes and resolved within about 30 minutes.
No serious adverse events were reported in those controlled trials, but researchers recorded anxiety, distress and disorientation in some participants. The authors also stressed that available human studies remain limited.
Salvia Can Cause Very Intense Short-Term Effects
The DEA lists hallucinations, distorted perception, fear, panic, paranoia, loss of coordination, dizziness and slurred speech among possible effects.
Short duration does not necessarily mean mild effects. Salvia is known for an unusually rapid onset and intense perceptual changes, particularly when concentrated extracts are inhaled.
National Data Does Not Show Rising Teen Use
Older warnings about rapidly increasing salvia use among high school students do not match the longer national trend.
The Monitoring the Future survey first asked 12th graders about salvia in 2009. At that time, 5.7% reported use during the previous 12 months.
By 2022, past-year salvia use among 12th graders had fallen to 0.8%, according to the Monitoring the Future national results.
The decline does not settle questions about individual health risk. It does show that rising high-school use is not supported by the national trend from 2009 through 2022.
Texas Has Not Removed Salvia From Penalty Group 3
As of October 2026, salvia remains listed in Penalty Group 3 under the Texas Controlled Substances Act. No current Texas law creates a legal retail exception for recreational salvia products.
Texas continues to debate drug policy in other areas, including changes involving marijuana. The Texas Tribune overview of marijuana laws shows how differently the state treats different controlled substances, but cannabis reforms do not change salvia’s classification.
Any future change would require legislation or another valid change to the Texas controlled-substance schedule. Scientific research alone does not alter the criminal code.
Canada and the United Kingdom Use Different Legal Models
Salvia law varies substantially outside Texas, but Canada and the United Kingdom both impose restrictions.
| Jurisdiction | Legal Position |
|---|---|
| Texas | Salvia is a Penalty Group 3 controlled substance. Unauthorized possession, manufacture and delivery can lead to criminal charges. |
| US federal law | Salvia and salvinorin A are not currently scheduled under the federal Controlled Substances Act. |
| Canada | Salvia is controlled under Schedule IV. Sale, possession and production require legal authorization. |
| United Kingdom | The Psychoactive Substances Act 2016 prohibits production, supply, possession with intent to supply, import and export of covered psychoactive substances. |
Health Canada states that salvia is controlled under Schedule IV of the Controlled Drugs and Substances Act. Unauthorized sale, possession and production are illegal.
The United Kingdom took a different route through the Psychoactive Substances Act 2016. The law targets production, supply, possession with intent to supply, import and export rather than creating a simple nationwide offense for ordinary possession outside a custodial institution.
Resources such as The Mix guide to salvia provide additional background on the drug in the UK, but the 2016 Act is the relevant source for the current legal framework.
Texas Law Leaves Little Room for Confusion
Possession of less than 28 grams of salvia begins as a Class A misdemeanor in Texas. Larger amounts move quickly into felony territory, with possession of 400 grams or more carrying a possible sentence of five to 99 years or life.
Delivery is punished more severely. Even less than 28 grams can produce a state jail felony charge, and additional rules apply to delivery involving children, protected locations and social media.
The federal position does not change those state penalties. Anyone facing an actual salvia charge in Texas should have the case reviewed under the current statute because weight, alleged intent, location, prior history and the form of the substance can all affect the charge and possible sentence.