Is Salvia Divinorum Legal in Alaska After the 2026 Law Changes?

No, Salvia divinorum is not explicitly prohibited under Alaska Statutes, but its sale, possession, or use may violate local ordinances or broader drug control frameworks. The Alaska Board of Pharmacy has not scheduled it, yet municipalities like Anchorage and Fairbanks have enacted restrictions targeting psychoactive plants, creating a patchwork of compliance risks.

Key Regulations for Salvia Divinorum in Alaska

  • Local Bans: Anchorage Municipal Code §11.72.030 and Fairbanks North Star Borough Code §8.04.030 prohibit the sale or distribution of Salvia divinorum to minors, mirroring synthetic cannabinoid restrictions.
  • Controlled Substance Analogues: Under AS 11.71.010, extracts or derivatives with “substantially similar” effects to scheduled substances may be treated as controlled, subjecting sellers to felony charges.
  • 2026 Compliance Shifts: The Alaska Department of Health is reviewing a 2025 petition to classify Salvia divinorum as a Schedule I substance, aligning with federal DEA’s 2022 advisory on its psychoactive risks.

Retailers and distributors must monitor municipal updates and pending state legislation, as enforcement varies by jurisdiction. Failure to adhere to local ordinances risks misdemeanor penalties under AS 11.71.030(a)(1).