No, Salvia divinorum is not explicitly banned in Germany, but its psychoactive constituent, salvinorin A, is controlled under the New Psychoactive Substances Act (NpSG) since 2016, criminalizing possession, trade, and distribution. Local enforcement agencies, including the Federal Criminal Police Office (BKA), actively monitor its circulation, particularly in online markets. A 2026 compliance review may expand restrictions to include analog compounds.
Key Regulations for Salvia Divinorum in Germany
- New Psychoactive Substances Act (NpSG): Prohibits salvinorin A and related extracts, classifying them as non-approved substances with penalties up to five years imprisonment.
- Customs Enforcement: Border agencies (Zoll) seize shipments at entry points, applying EU-wide narcotics protocols under Regulation (EU) 2017/2101.
- State-Level Prosecutions: Länder authorities, such as Bavaria’s Landeskriminalamt, prioritize cases involving minors or large-scale distribution, leveraging § 29 BtMG (Narcotics Act) for enhanced penalties.
Cultivation of live plants remains legal if no extraction occurs, but commercial propagation triggers NpSG violations. Pharmacological research requires approval from the Federal Institute for Drugs and Medical Devices (BfArM), which denies licenses for recreational applications. Online retailers circumvent restrictions via loopholes (e.g., “botanical specimen” labeling), but payment processors and logistics firms increasingly flag transactions under anti-money laundering directives.