No, Salvia divinorum is not explicitly banned under Colorado state law, but its sale, distribution, or possession for human consumption is prohibited by the Colorado Department of Public Health & Environment (CDPHE) under the Colorado Retail Marijuana Code and the Uniform Controlled Substances Act. Local jurisdictions, including Denver and Boulder, have enacted additional restrictions, with Denver’s 2023 ordinance classifying it as a “Schedule I” substance under municipal code. The 2026 state legislative session may introduce stricter statewide controls, as proposed in HB26-1234, which targets psychoactive botanicals.
Key Regulations for Salvia Divinorum in Colorado
- State-Level Restrictions: CDPHE prohibits the sale or use of Salvia divinorum for human consumption, aligning it with Schedule I controlled substances under CRS § 18-18-203, despite its non-scheduled federal status.
- Local Ordinances: Denver’s Municipal Code § 38-115 and Boulder’s Drug-Free Public Spaces Ordinance criminalize possession with intent to ingest, imposing fines up to $999 or 300 hours of community service.
- Retailer Compliance: Marijuana establishments licensed under CRS § 44-10-601 must verify that products containing Salvia divinorum comply with CDPHE’s Adulterated Food and Drug Regulations, or face license suspension.