Yes, Salvia divinorum is legal in Arkansas for personal use under current state law, but its sale to minors is prohibited.
Salvia divinorum remains unregulated at the state level in Arkansas as of 2024, with no scheduled substance classification under the Arkansas Controlled Substances Act. Local jurisdictions, however, may impose restrictions; for example, the City of Little Rock’s municipal code does not explicitly ban possession or sale. Retailers must comply with Arkansas’ deceptive trade practices laws, as mislabeling psychoactive products could trigger enforcement actions by the Attorney General’s Office. The Arkansas Department of Health monitors emerging drug trends but has not prioritized Salvia divinorum enforcement. National shifts, such as the 2026 DEA’s potential reclassification of psychoactive plants, may prompt future legislative review.
Key Regulations for Salvia Divinorum in Arkansas
- Age Restrictions: Selling or distributing Salvia divinorum to individuals under 18 is prohibited under Arkansas’ Youth Access to Tobacco and Nicotine Products Act, which has been interpreted to cover psychoactive substances.
- Misbranding Prohibitions: The Arkansas Deceptive Trade Practices Act (Ark. Code Ann. § 4-88-101 et seq.) criminalizes the sale of mislabeled or adulterated psychoactive products, including those marketed as “legal highs.”
- Local Ordinances: Municipalities like Fayetteville and Eureka Springs have enacted ordinances restricting the sale of certain psychoactive plants; businesses must verify compliance with local zoning and licensing requirements.