39-17-438 - Production, manufacture, distribution or possession of salvia divinorum A.
39-17-438. Production, manufacture, distribution or possession of salvia divinorum A.
(a) It is an offense to knowingly produce, manufacture, distribute, possess or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum A.
(b) The provisions of this section shall not apply to the possession, planting, cultivation, growing, or harvesting of the hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
(c) The provisions of this section shall not apply to any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the federal food and drug administration as a homeopathic drug.
(d) A violation of subsection (a) is a Class A misdemeanor.
[Acts 2006, ch. 700, § 1.]