Is Salvia divinorum legal in Canada?
Also known as: ska maria pastora
- Legal status
- Controlled. NAMED: Order SOR/2015-209 added 'Salvia divinorum, its preparations and derivatives, including salvinorin A' to Schedule IV of the Controlled Drugs and Substances Act, in force February 2016. Schedule IV bars production, trafficking, import and export but does not itself prohibit simple possession. Mechanism: NAMED (plant + salvinorin A).
- Consequences if caught
- Producing, selling, importing or exporting salvia is a Schedule-IV CDSA offence (up to 3 years on indictment); simple possession is not prohibited under Schedule IV.
- If prescribed or medical
- Salvia divinorum and salvinorin A have no approved therapeutic use; before CDSA scheduling salvia products were subject to Food and Drugs Act enforcement, and there is no lawful prescription route.
- Documentation
- No lawful commercial import/export route; salvia consignments are treated as Schedule-IV imports and seized.
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A real question about salvia divinorum in Canada
- Is it an offence to possess salvia divinorum in Canada?
- Simple possession of Salvia divinorum is not an offence under the Controlled Drugs and Substances Act, because Order SOR/2015-209 put it in Schedule IV and the possession offence covers only Schedules I to III. Producing it, which includes cultivating or propagating the plant, selling or giving it, importing it and exporting it are offences, and production carries up to 3 years on indictment. Possessing it for the purpose of selling or giving it, or of exporting it, or possessing anything intending to use it to produce or sell the substance, is also an offence.
Court records
We have not yet assessed whether court records are publicly available for this jurisdiction.
Other substances confirmed in Canada
Same substance, other countries
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Canada’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
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