No, Salvia divinorum is not explicitly legal in Taiwan. While not listed under the Narcotics Hazard Prevention Act, its psychoactive constituent salvinorin A falls under the Regulations Governing New Psychoactive Substances, enforced by the Ministry of Health and Welfare (MOHW). Importation, possession, or distribution risks administrative penalties or criminal liability under controlled substance provisions.
Key Regulations for Salvia Divinorum in Taiwan
- New Psychoactive Substances (NPS) Framework: Salvinorin A is regulated under the MOHW’s 2023 NPS list, which bans substances with psychoactive effects not approved for medical use. Violations may trigger fines up to NT$5 million (≈US$160,000) or imprisonment.
- Customs Enforcement: The Taiwan Customs Administration (under the Ministry of Finance) actively monitors imports, seizing shipments containing Salvia divinorum or extracts. Travelers risk confiscation and legal action.
- Local Precedents: Taipei District Court (2022) upheld charges against a vendor for selling Salvia divinorum leaves under Article 11 of the Narcotics Hazard Prevention Act, citing “imminent harm” to public health. Similar cases are pending nationwide.
Compliance Note: As of 2026, the MOHW is drafting amendments to explicitly include Salvia divinorum in Schedule I of the Narcotics Hazard Prevention Act, aligning with international controls. Entities handling the plant should conduct due diligence under current NPS regulations to mitigate exposure.