At this time, Salvia is legal in New York, however it is illegal in 15 states (see below)
Salvia is not regulated under the Controlled Substances Act in the United States. However, some U.S. states, including Delaware, Louisiana, Missouri, Ohio and others, have passed their own laws.
Several other states have proposed legislation against salvia, including Alabama, Alaska, California, Florida, Iowa, Maryland, Michigan, New Jersey, New York, Oregon, Pennsylvania, and Texas. Many of these proposals have not made it into law, with motions having failed, stalled or otherwise died, for example at committee review stages.
US States with Laws Prohibiting Salvia - Illegal
Delaware
Florida
Hawaii
Illinois
Kansas
Kentucky
Minnesota (goes into effect August 1, 2010)
Mississippi
Missouri
Nebraska
North Dakota
Ohio
Oklahoma
South Dakota
Virginia
Only Legal When Not Intended for Human Consumption
Louisiana
North Carolina
Tennessee
West Virginia (applies only to “processed” material; goes into effect June 10, 2010)
Illegal to Provide to Underage Persons
California (but legal for minors to possess)
Maine (and illegal to possess if under 18 years old)
Maryland (and illegal to possess if under 21 years old; goes into effect June 1, 2010)
Illegal to Manufacture, Deliver, or Sell Salvinorin A, but Legal to Possess
Wisconsin