Is Salvia Divinorum Legal in California?
Salvia divinorum, the hallucinogenic plant that is an increasingly popular drug of choice around the world, is legal in most U.S. states and most countries. In California, it is generally legal to possess and distribute Salvia divinoru. The exception is that no one may sell or distribute it to a minor. Section 379 of the California Penal Code reads:
Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person who is less than 18 years of age, is guilty of a misdemeanor….
Violations of § 379 are punishable by imprisonment in a county jail for up to six months, or by a fine of up to a $1,000, or both.
Section 379 of the California Penal Code was enacted and signed by Governor Arnold Schwarzenegger in July 2008 and became effective January 1, 2009.