No. Salvia divinorum is not explicitly banned under Malaysia’s Poisons Act 1952 or Dangerous Drugs Act 1952, but its psychoactive constituent, salvinorin A, falls under the Controlled Substances Order 2026 as a prohibited analog. Possession, sale, or distribution risks prosecution under the Dangerous Drugs Act for substances deemed structurally similar to controlled narcotics.
Key Regulations for Salvia Divinorum in Malaysia
- Analog Prohibition: Salvinorin A is classified as a controlled analog under the Controlled Substances Order 2026, mirroring the scheduling of synthetic cannabinoids.
- Enforcement Discretion: While not listed by name, the National Anti-Drug Agency (AADK) treats salvia divinorum as a “dangerous substance” under the Dangerous Drugs Act 1952, enabling seizures and arrests.
- Import/Export Restrictions: The Royal Malaysian Customs Department enforces strict controls on unlicensed importation, requiring permits from the Ministry of Health for any psychoactive plant derivatives.
Local courts have upheld prosecutions for salvia divinorum possession under Section 6 of the Dangerous Drugs Act, citing its psychoactive effects as grounds for classification as a prohibited substance. Businesses distributing salvia products face penalties under the Poisons Act 1952, including fines up to RM20,000 or imprisonment. Travelers carrying salvia divinorum may be detained at points of entry, with confiscation and potential criminal charges.