No, Salvia Divinorum is not explicitly prohibited under Puerto Rico’s controlled substances laws, but its sale, distribution, or possession for human consumption may violate local drug paraphernalia statutes or municipal ordinances targeting psychoactive plants. The 2023 amendments to Puerto Rico’s Ley de Sustancias Controladas (Law 4 of 1971) expanded the definition of controlled substances to include synthetic cannabinoids and analogs, leaving a legal gray area for natural hallucinogens like salvia. The Departamento de Salud has not issued formal guidance, while municipalities such as San Juan have enforced bans on similar substances under public health regulations.
Key Regulations for Salvia Divinorum in Puerto Rico
- Controlled Substances Framework: While not listed in Schedule I–IV, Puerto Rico’s Ley de Sustancias Controladas empowers the Secretario de Salud to classify substances as controlled if deemed harmful, creating potential future restrictions.
- Paraphernalia Laws: Law 147 of 2019 criminalizes the sale or possession of items “primarily intended” for consuming controlled substances, which could extend to salvia leaves or extracts marketed for psychoactive use.
- Municipal Enforcement: Local governments (e.g., San Juan, Ponce) may regulate salvia under public nuisance or health ordinances, particularly if sold near schools or in unlicensed retail settings.