Arrests are continuing around the country as more states, counties and towns are passing bans on salvia divinorum. In April 2009, three businesses were issued citations for violating the Ocean City Maryland ban on possession of the plant. That ban took effect recently after passage of an emergency law on August 3, 2008. On August 18, 2009 in Dewey Beach, Delaware the police arrested three men for having cigarettes rolled with salvia. Police initially thought the cigarettes contained marijuana until the results of testing came back showing it to be salvia.

Salvia Divinorum or salvia as it is commonly called is a plant like herb. Its use has been on the rise lately exceeding that of LSD and equaling ecstasy and other drugs. It is grown in Mexico and imported to the United States. The plant contains a chemical substance, which provides a hallucinogenic effect on the user. It is banned in numerous countries. In the United States, many states have a ban. In those states without a complete ban, many counties and towns have enacted their own laws prohibiting salvia use except as ground cover in gardens or for landscaping purposes.

At present the plant is not on the list of drugs criminalized by the federal government.