Is Salvia divinorum legal in Germany?

Also known as: ska maria pastora

Legal status

Salvia divinorum is named as a species in Anlage I of the Betäubungsmittelgesetz, which is the opposite arrangement from the other plants in this set. The dossier records the row as „- | Salvia divinorum (Pflanzen und Pflanzenteile) | -“, covering the plants and plant parts, with the third column empty. The dossier is explicit that this is not an absence finding for the active diterpene: the schedule does not need to name the constituent, because it names the plant material itself. That changes what has to be proved, since the material is identified botanically rather than by an assay for an alkaloid content. Placement is under BtMG § 1 Abs. 1 and the tier is Anlage I, the non-marketable one.

Consequences if caught

Capital exposure: none. The dossier's penalty column records that no death-penalty regime applies. The provisions are BtMG §§ 29 bis 30a and the dossier records the ceiling: not less than five years under § 30a Abs. 1, with a determinate sentence capped at fifteen years by StGB § 38 Abs. 2. No ordinary band is recorded and none is stated. Because the listing is of the plant and its parts, potency does not enter the question the way it does on a constituent route: dried leaf is the listed material whatever its strength, while a concentrated extract raises the separate question of whether it is still plant material within the entry.

If prescribed or medical

Anlage I is the non-marketable tier of the three, read at gesetze-im-internet.de on 21 September 2026, so no German prescribing route exists for this plant and being sold openly as a botanical elsewhere makes no difference to that. The dossier records no traveller rule and no horticultural exemption, so this cell states the placement and defers explicitly on the border documentation.

Documentation

Nothing authorises carriage, and a garden-centre receipt is not a document that answers this entry. The identification is botanical, so the species is the fact in issue rather than the content of any particular compound. The entry was read on 20 September 2026.

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