Is Salvia divinorum controlled in some other way?
In the United States and other countries, there are other regulatory organizations that could potentially impact the legality of sales and/or distribution of Salvia divinorum. In the United States, the Food and Drug Administration (FDA) has control over what substances may be sold as foods or medicines. It appears that the FDA does not have any specific rules related to the consumption of herbs via smoking; it is possible that this is historically due to the lax (and bizarre) situation with tobacco. So far as we are aware, the FDA has not placed Salvia divinorum into any category related to consumption (i.e., generally recognized as safe; not for use in food; not for use in alcohol; etc.). However, on April 3, 2000, the FDA published notice in the Federal Register stating its intention to act against the producers of “various products that are being manufactured, marketed, or distributed as alternatives to illicit street drugs” intended for recreational use, and the notice defines “rec