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Legality · Salvia divinorum

Is Salvia divinorum legal in Kazakhstan?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Kazakhstan reaches Salvia divinorum through its active diterpene rather than by naming the plant. The first of the three documents Government Resolution No. 470 of 3 July 2019 approves, the Список наркотических средств, психотропных веществ и прекурсоров, подлежащих контролю в Республике Казахстан, carries the entry Сальвинорин А at item 20 of section В of Таблица II of the Список, the schedule of substances used for medical purposes and held under strict control. The second document, the Сводная таблица of small, large and particularly large sizes, then carries the row Сальвинорин А and sets небольшой размер at 0-0,0005 grams, крупный размер at 0,0005-0,015 grams and особо крупный размер above 0,015 grams. The plant is not named anywhere in the Resolution. Its active diterpene is, and it carries some of the smallest figures in the whole table, with the особо крупный threshold at 0,015 grams. So dried leaf is not itself a listed article while the salvinorin it contains is a listed psychotropic substance, and a prepared extract sold by salvinorin content sits squarely inside the entry. The copy read carries the amendment of 24 February 2026 made by Government Resolution No. 111, and the Сводная таблица is wholly in that redaction, so every size quoted here is the 24 February 2026 text, not an earlier one. [Certain] on the placement and the figures, both re-derived from the instrument in this pass.
Consequences if caught
Capital exposure: none. Kazakhstan has abolished the death penalty. No capital punishment remains available anywhere in its Criminal Code, because the law of 29 December 2021 numbered 89-VII on abolition replaced the words carrying it in Article 11 with life imprisonment, and Article 46 now names life imprisonment as the heaviest penalty the Code holds. Criminal Code Article 296 governs handling without intent to supply. Part 2 reaches manufacture, processing, acquisition, storage and transport and carries a fine of up to 160 monthly calculation indices, corrective labour, community work or arrest of up to 40 days. Part 3 raises that to up to 200 indices or arrest of up to 50 days once the quantity is крупный. Part 4 is the first custodial rung and runs to three to seven years once the quantity is особо крупный. Part 1 deals separately with non-medical consumption in a public place. Supply is Article 297, at five to eight years with confiscation, rising through six to ten and seven to twelve to fifteen to twenty years for its aggravated parts, and Article 297-1, inserted by the amending law of 2 January 2025 No. 150-VIII, covers manufacture and processing for supply and reaches life imprisonment at its part 4. The row that carries those figures is Сальвинорин А, and for Salvia divinorum the custodial rung therefore opens above 0,015 grams. Article 296 also carries a note releasing from liability under that article a person who voluntarily hands the substance over, seeks medical help or actively assists in uncovering a related offence. [Likely] The Criminal Code articles and their year ranges in this cell were read from secondary consolidations rather than from an official publisher in this pass. Two independent consolidations agree on them, and the Code's own article text was not reached: the state portal served only its contents list. The abolition of the death penalty, by contrast, was confirmed against the Code itself and is tagged [Certain] where it appears.
If prescribed or medical
Таблица II of the Список is headed as the schedule of narcotic drugs and psychotropic substances used for medical purposes and held under strict control, so Salvia divinorum does have a domestic medical route and it is the tightest one the Список operates. That is a statement about the schedule and not about what any individual pharmacy will dispense to a visitor, and the Resolution does not set import rules for a traveller's own supply.
Documentation
Provenance. The placement and the grams on this row were read from the consolidated text of Government Resolution of the Republic of Kazakhstan No. 470 of 3 July 2019 approving the Список наркотических средств, психотропных веществ и прекурсоров, подлежащих контролю в Республике Казахстан and the Сводная таблица of small, large and particularly large sizes at https://zakon.uchet.kz/rus/docs/P1900000470, which is the state legal information system's copy, on 2026-09-21. The tables were parsed by column position rather than by reading them as a stream of lines, which matters because a blank небольшой размер cell is a real feature of this table and a line reader silently shifts the remaining figures one column left. The copy read carries the amendment of 24 February 2026 made by Government Resolution No. 111, and the Сводная таблица is wholly in that redaction, so every size quoted here is the 24 February 2026 text. Russian names are quoted as the instrument prints them, except that the list prints the Список entries in capitals and they are given here in ordinary case.
Primary sources
  • Kazakhstan, Government Resolution of the Republic of Kazakhstan No. 470 of 3 July 2019 approving the Список наркотических средств, психотропных веществ и прекурсоров, подлежащих контролю в Республике Казахстан and the Сводная таблица of small, large and particularly large sizes, read at https://zakon.uchet.kz/rus/docs/P1900000470 on 2026-09-21
  • the copy states с изменениями на 24.02.2026 and the Сводная таблица is в редакции постановления Правительства РК от 24.02.2026 № 111. Criminal Code of the Republic of Kazakhstan, Code No. 226-V of 3 July 2014, articles 296, 297 and 297-1, read at https://prg.kz/Document/?doc_id=31575252
  • the death penalty was removed from that Code by the Law of 29 December 2021 No. 89-VII.

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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