Yes,
Salvia divinorum is legal in Washington, D.C. as of 2024, with no local or federal bans restricting possession, cultivation, or distribution. The D.C. Council has not enacted specific legislation targeting the plant, unlike neighboring jurisdictions such as Maryland or Virginia. However, the District’s 2026 Omnibus Public Safety and Health Emergency Amendment Act includes provisions granting the Mayor authority to classify substances as Schedule I under emergency orders, leaving open the possibility of future restrictions. Federal scheduling under the Controlled Substances Act does not currently include salvinorin A, the primary psychoactive compound in Salvia divinorum.
Key Regulations for Salvia Divinorum in Washington, D.C.
- No Local Prohibition: The D.C. Municipal Regulations and criminal code do not list Salvia divinorum or its active compounds (e.g., salvinorin A) as controlled substances.
- Emergency Scheduling Authority: The 2026 Act empowers the Mayor to temporarily classify substances as Schedule I without Council approval, creating potential future restrictions.
- Federal Oversight: While not federally scheduled, the DEA monitors novel psychoactive substances, and D.C. agencies may align with federal enforcement trends.