No. Michigan classifies Salvia divinorum as a Schedule I controlled substance under the Public Health Code, prohibiting possession, sale, or distribution. Local law enforcement agencies, including the Michigan State Police, actively enforce these restrictions, with penalties ranging from misdemeanors to felony charges for repeat offenses.
Key Regulations for Salvia Divinorum in Michigan
- Schedule I Status: Codified under MCL 333.7212, the plant and its active compound, salvinorin A, are explicitly listed as controlled substances, mirroring federal DEA scheduling.
- Penalties for Possession: First-time possession constitutes a misdemeanor, punishable by up to 1 year imprisonment and/or $2,000 fines; subsequent offenses escalate to felony charges with harsher penalties.
- Local Enforcement Priorities: County prosecutors, such as those in Wayne and Oakland, prioritize salvia-related cases under broader drug-free zone statutes, particularly near schools or parks, as outlined in MCL 333.7410.
Recent legislative scrutiny in 2024-2025 has reinforced these restrictions, with bipartisan bills (e.g., HB 5432) proposing mandatory minimum sentences for distribution near minors. The Michigan Department of Licensing and Regulatory Affairs (LARA) maintains updated schedules, reflecting dynamic shifts in psychoactive substance regulation. Retailers and distributors must verify compliance with LARA’s controlled substance listings to avoid civil penalties or license revocation.