No, Salvia divinorum is not explicitly banned in New York, but its active compound, salvinorin A, is classified as a controlled substance under state law. The New York State Department of Health’s 2024 Controlled Substances Advisory Committee recommended its inclusion in Schedule I, pending legislative approval. Local jurisdictions like New York City have already restricted its sale or distribution.
Key Regulations for Salvia Divinorum in New York
- Controlled Substance Status: Salvinorin A, the psychoactive compound in Salvia divinorum, is treated as a Schedule I controlled substance under New York Public Health Law § 3306, effective upon regulatory finalization in 2026.
- Local Ordinances: New York City’s Health Code § 13.03 prohibits the sale or distribution of Salvia divinorum to minors, with penalties up to $250 for violations.
- Retail Restrictions: Statewide, licensed pharmacies and herbal retailers must verify customer age (21+) and maintain transaction records, per NYS DOH’s 2025 enforcement guidance.