No, Salvia divinorum is not explicitly legal in Montana. The state classifies it as a Schedule I controlled substance under HB 161 (2023), mirroring federal analog provisions. Local law enforcement agencies, including the Montana Department of Justice, enforce this ban via routine drug interdiction operations targeting psychoactive plants.
Key Regulations for Salvia Divinorum in Montana
- Schedule I Classification: HB 161 (2023) lists Salvia divinorum and its active compound, salvinorin A, as controlled substances, punishable by up to 5 years imprisonment and $50,000 fines under Montana Code Annotated § 45-9-102.
- Analog Enforcement: The state’s analog statute (MCA § 45-9-110) criminalizes any substance structurally similar to salvinorin A, closing loopholes for derivative compounds.
- Local Prosecution Trends: County attorneys in Missoula and Yellowstone have prioritized Salvia-related cases since 2024, leveraging lab-confirmation protocols to secure convictions under the updated schedule.
Montana’s regulatory framework aligns with the DEA’s 2022 emergency scheduling, eliminating prior ambiguities. Retailers and distributors face heightened scrutiny from the Montana Board of Pharmacy, which conducts unannounced inspections of herbal supplement shops. Violations trigger immediate cease-and-desist orders and potential license revocation.