I think it is legal for 3 reasons. first it is a sage (like the stuff put on food) and it looks alot like other sages and also is not really native to the US. Second it really was not used extensively for psychedelic reasons, by non-shamans until recently. so it wasnt popular until after the drug mania craze of outlawing and lying. oh shit I forgot the third reason. fuck it just be happy that it is legal