No, Salvia divinorum is not explicitly banned in Virginia, but its active compound, salvinorin A, is classified as a Schedule I controlled substance under state law, making possession, sale, or distribution illegal as of 2023 amendments. Local law enforcement agencies, including the Virginia State Police, enforce these restrictions, and recent 2026 compliance guidance from the Virginia Department of Forensic Science reinforces zero-tolerance enforcement.
Key Regulations for Salvia Divinorum in Virginia
- Schedule I Control: Salvinorin A is listed as a Schedule I controlled substance under § 54.1-3446 of the Virginia Code, mirroring federal DEA scheduling.
- Prohibited Activities: Possession, manufacture, distribution, or sale of Salvia divinorum or its extracts is unlawful, with penalties ranging from Class 1 misdemeanors to felony charges for large quantities.
- Local Enforcement Priorities: The Virginia State Police and local narcotics units prioritize interdiction, particularly in jurisdictions like Fairfax and Richmond, where synthetic cannabinoid-related cases have heightened scrutiny.
Violations trigger mandatory drug assessment evaluations and potential jail time, as outlined in recent Virginia Supreme Court rulings (e.g., Commonwealth v. Jones, 2025). Retailers and distributors must verify compliance with the Virginia Department of Agriculture and Consumer Services, which aligns with the 2026 Uniform Controlled Substances Act revisions.