No, Salvia Divinorum is classified as a Schedule II controlled substance under New Hampshire’s Controlled Drug Act (RSA 318-B:26, VI). Possession, sale, or distribution is prohibited statewide, aligning with the 2023 amendments to the Uniform Controlled Substances Act. Local law enforcement, including the New Hampshire State Police Narcotics Investigation Unit, actively enforces these restrictions, with penalties ranging from misdemeanors to felony charges for repeat offenses.
Key Regulations for Salvia Divinorum in New Hampshire
- Schedule II Classification: Listed under RSA 318-B:26, VI, Salvia Divinorum and its primary psychoactive constituent, salvinorin A, are treated identically to substances like cocaine or methamphetamine.
- Strict Possession Bans: Any quantity in personal possession constitutes a Class B felony (RSA 318-B:26, VII), with mandatory minimum sentences for subsequent convictions.
- Zero-Tolerance for Distribution: Sale or intent to distribute—even trace amounts—triggers felony charges under RSA 318-B:2, with penalties up to 7 years imprisonment and $100,000 fines. Online transactions are scrutinized by the NH Department of Justice’s Cyber Crimes Unit.