No, Salvia divinorum is classified as a Schedule I controlled substance in Wisconsin under 2023 Wisconsin Act 102, aligning with federal trends. Possession, sale, or distribution is prohibited, with penalties ranging from fines to imprisonment. Local law enforcement, including the Wisconsin Department of Justice, actively enforces these restrictions.
Key Regulations for Salvia Divinorum in Wisconsin
- Schedule I Status: Wisconsin Statutes § 961.14(4)(t) explicitly lists Salvia divinorum and its active compound, salvinorin A, as Schedule I substances, prohibiting all non-medical use.
- Penalties for Violation: Unlawful possession may result in Class I felony charges (up to 3.5 years imprisonment and $10,000 fines), while distribution carries enhanced penalties under § 961.41.
- Local Enforcement: The Wisconsin DOJ’s Controlled Substances Bureau prioritizes Salvia divinorum cases, collaborating with county DA offices to prosecute violations, particularly in Madison and Milwaukee jurisdictions.
Recent 2026 compliance shifts include stricter online monitoring by the Wisconsin Pharmacy Examining Board, targeting unlicensed sales of psychoactive plants. Businesses selling herbal products must verify compliance with § 961.38, which bans analog substances structurally similar to Salvia divinorum. Consultation with legal counsel is advised for entities navigating these evolving restrictions.