Legal status of Salvia divinorum

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Main article: Salvia divinorum
A package of 20x extract leaves found at a convenience store in Canada where Salvia is legal to possess, cultivate, and sell.
A package of 20x extract leaves found at a convenience store in Canada where Salvia is legal to possess, cultivate, and sell.

The situation may be subject to future change but at present Salvia divinorum remains legal in most countries. Current exceptions, countries where there is some form of control, include Australia, Belgium, Denmark, Estonia, Finland, Italy, Spain, and Sweden.[1][2] In the United Kingdom, following a local newspaper story in October 2005,[3] a parliamentary Early Day Motion was raised calling for Salvia divinorum to be banned there. However, it only received 11 signatures and has not been debated or further escalated.[4]

In such places where Salvia divinorum legislation exists, it varies in its prohibitive degree from country to country. Australia has imposed its strictest 'Schedule 9' (US Schedule I equivalent) classification for example, and Italy has also placed Salvia in its 'Table I' of controlled substances (also US Schedule I equivalent). - Whereas in Spain there are just controls focusing on the commercial trade of Salvia divinorum, and private cultivation (growing your own plants for non-commercial use) is not targeted. In Germany there are also measures targeting commercial sales, i.e. in any shops that are not drugstores.[1][2]

Contents

In the United States, Salvia is not regulated under the Controlled Substances Act but some states, including Delaware, Louisiana, Missouri and others, have passed their own laws.[5] Several other states have proposed legislation against Salvia, including Alabama, Alaska, California, Florida, Iowa, Minnesota, New Jersey, New York, Ohio, 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.[1][2]

National legislation for amendment of the Controlled Substances Act to place salvinorin A and Salvia divinorum in Schedule I at the federal level was proposed in 2002 by Representative Joe Baca (D- California). Those opposed to bill HR 5607 include Daniel Siebert, who sent a letter to Congress arguing against the proposed legislation,[6] and the Center for Cognitive Liberty & Ethics (CCLE), who sent key members of the US Congress a report on Salvia divinorum and its active principle,[7] along with letters from an array of scientists who expressed concern that scheduling Salvia divinorum would negatively impact important research on the plant. The bill did not pass.[8][9][10]

Similar to the international situation, in the United States, where individual state legislation does exist, it varies from state to state in its prohibitive degree. Some states such as Delaware, Louisiana and Missouri have imposed the strictest Schedule I classification. By contrast, the state of Maine has passed laws imposing age restrictions, prohibiting use and sale to minors under 18 years of age - in a manner generally consistent with controls existing for tobacco and alcohol.[11]

In Oklahoma wording of their bill refers to Salvia divinorum that - "has been enhanced, concentrated or chemically or physically altered" - and as such it is targeted particularly at enhanced strength extracts. It does not outlaw the plant itself.[12] Tennessee also has some provision for Salvia divinorum in its natural plant form. - There the law classes its use as a 'Class A misdemeanour', but it is not an offence to possess, plant, cultivate, grow, or harvest Salvia divinorum for "aesthetic, landscaping, or decorative purposes".[13]

In contrast to Oklahoma the wording of Salvia laws in some states is the other way around, in that there is no mention of Salvia divinorums's active constituent at all. In Delaware for example the plant in its natural form is classified as 'Schedule I', while much more potent purely extracted salvinorin A remains quite legal.[14]

In Illinois their legislation wording does not mention salvinorin A either, but there it includes instead "the seeds thereof, any extract from any part of that plant, and every compound, [...] derivative, mixture, or preparation of that plant".[15] Daniel Siebert has criticised this wording as being "absurdly broad in scope, for it implies that any substance extracted from Salvia divinorum (water, chlorophyll, whatever) would be treated as a Schedule I controlled substance under the proposed law."[1]

Salvia legislation may prove difficult to police. The plant has a nondescript appearance; unlike cannabis the leaves are not distinctive and it does not have a distinctive odour. Salvia divinorum looks like and can be grown as an ordinary houseplant without the need of special equipment such as hydroponics or high-power lights.[16][17]

[edit] Opinions and arguments

Concerns expressed by some politicians on the subject of Salvia echo those of the media. In November 2006, the morning after a story by news channel KSL was aired in Utah, warning its viewers about what it called "this dangerous herb",[18] Utah State Representative Paul Ray (R) submitted a bill calling for its Schedule I classification in that state. KSL TV cameras were on Capitol Hill to see the paperwork filed, with KSL reporting - "Moments after our story ended, Utah Representative Paul Ray began writing a bill to ban Salvia." As he presented the bill Ray said - "It was upsetting to see we have a drug of that strength that's legal." and "We're basically going to make it illegal to possess or sell. Period."[19] Ray's action was further supported by the news channel in a subsequent KSL editorial. Viewer feedback was unanimously more critical.[20]

Georgia State Senator John Bulloch (R) reportedly saw a report on an Atlanta television news station about the increased use of Salvia divinorum. He was quoted as saying - "I thought, 'Why hasn't somebody already jumped on this?" before filing Senate Bill 295. "I hurriedly got legislative counsel to draft the bill...Everything that I read about it is it's considered to be a hallucinogenic drug...A lot of the reading that I've found on it says that it gives a quicker and more intense high than LSD." Senator Don Thomas (R) was reported as saying -"I just know about the publicity of the dangers of it, and the use of it, so my first impression is to ban anything of that nature."[21]

In February 2007, the day after a Fox TV local news story on Salvia had aired in Milwaukee,[22] Wisconsin state lawmaker Sheldon Wasserman (D), also a licensed physician, who had never heard of it before, spoke to Fox news in a follow-up report about then wanting to make it a Schedule I controlled substance.[23]

Comparisons to LSD and particular focus on "protecting our children" are also be echoed by politicians. In June 2007 the Wisconsin State Journal newspaper ran a front page headline cover story about Salvia, reporting that Representative Wasserman had recently begun seeking sponsors for a bill that would ban the manufacture and sale of Salvia divinorum for consumption in Wisconsin. Dr. Wasserman was reported as saying - "This bill is all about protecting our children" and "I want to stop the Salvia divinorum dealers who are pushing young people to experiment with a potentially dangerous substance."[24]

In connection with his proposals to make Salvia divinorum and salvinorin A Schedule I controlled substances in Oregon, Representative John Lim (R) was quoted as saying - "From what I understand this drug is at least as dangerous as marijuana or LSD", and Seth Hatmaker, a spokesman for Lim - "I think it's only a matter of time before we find people addicted to this stuff".[25]

In the state of Illinois, in support of his bill for Schedule I classification of Salvia divinorum, Representative Dennis Reboletti (R) wrote in his own website that Salvia is a "powerful psychoactive plant which in appearance looks like marijuana but has the psychoactive properties of LSD." and "It's important that we in the legislature are proactive in protecting our children from highly addictive substances" [...] "For a drug to be classified as a Schedule 1 substance signifies that it's a highly dangerous and potentially lethal drug for its user. Hopefully, the passage of my bill will bring attention to "Magic Mint" and help law enforcement combat the future rise of this drug."[26]

Other references and sources indicate however that Salvia divinorum does not look like marijuana. Its psychoactive properties are not like those of LSD, and that Salvia divinorum is not generally understood to be either addictive or toxic.

Concerns about driving while under the influence of Salvia have also been expressed. Delaware State Senator Karen Peterson (D), who introduced Schedule I classification of Salvia divinorum in Delaware, said - "I, for one, don't want to be driving down Route 1 next to someone who is having an out-of-body experience"[27] and "I thought this is not something that I would want people using driving around the streets of Delaware."[28]

There has not been much evidence to suggest that Salvia use is particularly problematic. Some arguments against Salvia have been of a preventative or imitative nature. North Dakota State Senator Randy Christmann (R) stated - "we need to stop this before it gets to be a huge problem not after it gets to be a huge problem"[29] and New Jersey Assemblyman Jack Conners (D) argued -"Salvia divinorum use may not be a runway epidemic, but it's certainly is a phenomenon that warrants attention. We should take preventive steps now to prevent wholesale problems later on"[30] In October 2005 MP John Mann raised an ultimately unsuccessful Early Day Motion calling for Salvia divinorum to be banned in the UK, saying - "The Australians have clearly found a problem with it. There's obviously a risk in people taking it."[3]

The National Institute on Money in State Politics indicates the major sources of campaign contributions for US politicians. For example, Oregon State Representative John Lim's largest individual campaign sponsor in 2006 was the Oregon Beer & Wine Distributors Association. Lim argued for Schedule I classification of Salvia in Oregon. Senator Karen Peterson's second largest group campaign donations in 2006 came from 'Beer, Wine & Liquor' industries. Peterson introduced Schedule I classification of Salvia divinorum in Delaware. Tennessee State Senator Tim Burchett (R) sponsored Salvia legislation in Tennessee. In 2006 his second largest individual campaign donation came from the Tennessee Malt Beverage Association. In the same period alcohol and tobacco related contributions amounted to the fourth largest industry contributions for Representative Paul Ray in Utah. Alcohol related contributions also featured highly for Representative Dennis Reboletti in Illinois - 'Beer, Wine & Liquor' was his seventh highest industry contributor.[31]

Opponents of more prohibitive measures against Salvia argue that such reactions are largely due to an inherent prejudice and a particular cultural bias rather than any actual balance of evidence, pointing out inconsistencies in attitudes toward other more toxic and addictive drugs such as alcohol and nicotine.[32] The worldwide number of alcohol related deaths is calculated at over 2,000 people per day,[33] in the US the number is over 300 deaths per day.[34] While not objecting to some form of legal control, in particular with regard to the sale to minors or sale of enhanced high-strength extracts, most Salvia proponents otherwise argue against stricter legislation.[1]

Those advocating consideration of Salvia divinorum's potential for beneficial use in a modern context argue that more could be learned from Mazatec culture, where Salvia is not really associated with notions of drug taking at all and it is rather considered as a spiritual sacrament. In light of this it is argued that Salvia divinorum could be better understood more positively as an entheogen rather than pejoratively as a hallucinogen.[35] Other entheogenic plants with continuing traditions principally of spiritual use include peyote (and other psychoactive cacti), iboga, virola, ayahuasca (an admixture of plants containing DMT + MAOI), and various types of psychoactive fungi.[36] In fact, US legislation as it stands specifically allows two of these to be used in a spiritual context. The Native American Church is allowed to use peyote and Uniao do Vegetal (or UDV) is permitted ayahuasca.[37] Although not consistently granted (varying from state to state), the principal grounds for such concessions are constitutional,[38] with further grounds following from the Religious Freedom Restoration Act.

[edit] Australia

As of 1 June 2002, Australia became the first country to ban Salvia and salvinorin. According to the Australian Drugs and Poisons Committee, salvia had not yet shown evidence of damage or threat to public health/safety but had potential to be abused. In a statement which has been criticized as self-negating the committee said, "there was no evidence of traditional therapeutic use other than in shamanistic healing rituals".[39][40]

[edit] Denmark

With effect from 23 August 2003, Salvia divinorum and salvinorin A were classed as 'category B' drugs in Danish law. Category B includes psilocybin mushrooms, cocaine, amphetamine, and several others substances that are only legal for medicinal and scientific purposes. Possession carries a penalty of up to 2 years in prison.[1]

[edit] Finland

Finland passed legislation in August 2002 making it illegal to import Salvia divinorum without a prescription from a doctor.[1]

[edit] Germany

Salvia divinorum was effectively banned in Germany in February 2008 by addition to the official list of illegal substances.[1]

[edit] New Zealand

In November 2007 New Zealand National party MP Jacqui Dean called for the government to take action, saying - "Salvia Divinorum is a hallucinogenic drug, which has been banned in Australia, and yet here in New Zealand it continues to be sold freely." and "We’re dealing with a dangerous drug here, with the minister's wait and see approach like playing Russian Roulette with young people's lives."[41]

Jacqui Dean has similar concerns about the 'party pill' BZP (Benzylpiperazine), over which Associate Health Minister Jim Anderton (Progressive party) has accused her of indulging in political grandstanding, saying - "Perhaps Mrs Dean doesn't subscribe to the idea that any Government must balance the need to act promptly with its responsibilities to act fairly and follow due process, particularly where its actions affect those who are currently acting within existing legal constraints."[42]

When questioned by Maori Party MP Tariana Turia, on why she was unwilling to take the same prohibitory line on smoking cigarettes and drinking alcohol as she took on BZP. Ms Dean said - "Alcohol and tobacco have been with our society for many, many years."[43]

In September 2007, the Social Tonics Association of New Zealand (STANZ) called for Jacqui Dean to step down from speaking on drug issues after she demonstrated - "a lack of credibility in calling for the ban of dihydrogen monoxide (water.)" STANZ Chairman Matt Bowden said - "The DHMO hoax played on the member this week is not a joke, it highlights a serious issue at the heart of drug policy making. Ms Dean demonstrated a ‘ban anything moderately harmful’ reflex. This approach is just downright dangerous." - "Jacqui Dean has clearly demonstrated a lack of credibility in her requests to the Minister to consider banning water; She has also seriously embarrassed her National Party colleagues who can no longer have confidence in her petitions to ban BZP or anything else."[44]

[edit] Sweden

Salvia divinorum and salvinorin A were added to Sweden's list of controlled substances with effect from 1 April 2006.[1]

[edit] Spain

The sale of Salvia divinorum has been illegal since February 6, 2004. The law only prohibits commerce. It does not make possession or use a crime.[45]

[edit] Italy

In August 2004, the Italian government decreed salvinorin A "a substance with hallucinogenic properties that may cause conditions of abuse and can manifest latent psychiatric pathologies like acute psychosis and depressive psychosis even in an irreversible way" and put it and the plant Salvia divinorum on their ‘table I’ of outlawed psychotropic substances in March 2005. The Italian government referred to an evaluation of Salvia made by the Italian National Health Institute, assessing it as "a powerful natural hallucinogen" to justify their decision. The Italian Ministry of Heath Decree (in Italian) (Google translated into English). Cultivation of the plant or the possession of more than 0,5 mg of Salvinorin A carries a penalty from 6 to 20 years in prison.

[edit] Canada

There has been media interest drawing attention to Salvia divinorum's availability in Canada, but there are reportedly no plans to regulate the herb.[46][1][2]

[edit] United Kingdom

In September 2001, in answer to a parliamentary question from Ann Widdecombe MP, asking the Secretary of State for the Home Office "what plans he has to review the legal status of the hallucinogen Salvia divinorum", Bob Ainsworth, a parliamentary Under-Secretary for the UK Home Office, stated that "The Government are not aware of any evidence of significant misuse of this plant and have no current plans to review its legal status".[47]

Following a local newspaper story in October 2005,[3] Bassetlaw MP John Mann raised an Early Day Motion calling for Salvia divinorum to be banned in the UK[48] (EDM796).[4] The motion only received 11 signatures. It has not been debated or further escalated.

[edit] United States

In late 2002 Rep. Joe Baca (D- California) introduced a bill (Congress bill HR 5607) to schedule Salvia as a controlled substance at the national level. Those opposed to Joe Baca's bill include Daniel Siebert, who sent a letter to Congress arguing against the proposed legislation,[6] and the Center for Cognitive Liberty & Ethics (CCLE), who sent key members of the US Congress a report on Salvia divinorum and its active principle,[7] along with letters from an array of scientists who expressed concern that scheduling Salvia divinorum would negatively impact important research on the plant. Baca's bill did not pass.

Despite this a number of states have proposed their own legislation. Louisiana, Missouri, Tennessee, Oklahoma, Delaware, Illinois, and North Dakota have so far passed laws prohibiting Salvia divinorum. Louisiana has provisions that allow possession of the plant when it is not intended for human consumption and in Oklahoma natural strength Salvia divinorum is legal—only extract-enhanced leaves are prohibited. Maine has passed a bill to prohibit sale to minors only, effectively approving its use for adults. Salvia divinorum remains legal in all other states. However, though some bills have died during session, the situation is subject to further change depending on the outcome of more recent bills as yet still at the proposal stage.

The DEA has indicated on its website that it is aware of Salvia divinorum and is evaluating the plant for possible scheduling. Daniel Siebert claims he was informed on July 20, 2007 that the DEA had initiated an Eight Factor Analysis of Salvia divinorum. The Controlled Substances Act requires that this analysis be performed before a substance can be scheduled as a controlled substance. The eight factors considered are:

  • Actual and potential for abuse
  • Pharmacology
  • Other current scientific knowledge
  • History and current pattern of abuse
  • Scope, duration, and significance of abuse
  • Public health risk
  • Psychic or physiological dependence liability
  • If an immediate precursor of a controlled substance

Based on the results of the analysis, the DEA may recommend that Salvia divinorum be scheduled as a controlled substance. This analysis will probably take several months to be completed. Siebert said "Given that there is no compelling evidence to suggest that Salvia divinorum presents a significant risk to public safety, I am hopeful that the DEA will be reasonable and not criminalize this beneficial plant unnecessarily. If they do decide to criminalize it, it will take a minimum of 30 days after they give public notice of their intentions in the Federal Register before the change of legal status takes effect."[1]

[edit] State summary

This table summarizes the status of various state proposals for Salvia legislation, with links to following detail state by state.

State Bill ref. Proposed date Classification Status Proposer Salvinorin A included? Notes
Alabama SB330 27-Mar-2007 Schedule I not passed / died Sen. Hank Erwin Yes
n/a 18-Oct-2007 not passed / died Sen. Roger Bedford & Rep. Johnny Mack Morrow unknown
Alaska SB313 05-Apr-2006 Schedule IIA not passed / died Sen. Gene Therriault No
SB38 16-Jan-2007 proposed Yes
California AB259 05-Feb-2007 prohibit sale to minors (amended - originally Schedule I) in committee Assembly Member Anthony Adams No, then Yes proposed bill wording amended 12-Mar-2007 to include salvinorin A then amended again 07-Jan-2008 to only prohibit sale to minors
Delaware SB259 16-Mar-2006 Schedule I Passed - 02-May-2006 Sen. Karen Peterson No aka Brett’s law
Florida SB340, SB1612 & HB1363 7-Feb-2008 Schedule I Passed - 29-May-2008 Sen. Evelyn J. Lynn & Rep. Mary Brandenburg Yes Possession felony for up to 5 years in prison. Effective July 1, 2008
Georgia SB295 8-Mar-2007 'misdemeanor' proposed House - passed Senate (moved to House Judiciary Non-Civil committee; may be discussed again in 2008 session) Sen. John Bulloch Yes n/a possession, cultivation, harvesting ... for aesthetic, landscaping, or decorative purposes. Also exempts research at Georgia universities and use of Salvinorin A as a legal homeopathic.
Kansas SB481 28-Jan-2008 Schedule I Passed - 24-April-2008 Sen. Peggy Mast Yes incl. any extract from any part, and every compound, manufacture, derivative, mixture or preparation of such plant, its seeds or extracts
Illinois SB2589 19-Jan-2006 Schedule I not passed / sine die Sen. John J. Millner No
HB457 26-Jan-2007 Passed - 18-Aug-2007 Rep. Dennis M. Reboletti No Salvinorin A not mentioned, but bill wording incl. "any extract" from plant. Took effect January 1, 2008
Indiana T.B.A 13-Jan-2008 Schedule I proposed Rep. Suzanne Crouch T.B.A
Iowa HSB133 SSB1051 18-Jan-2007 Schedule I proposed Governor's Office of Drug Control Policy Yes
Louisiana HB20 25-Feb-2005 Schedule I Passed - 15-Aug-2005 Rep. Michael G. Strain No First State to ban Sd.
Maine LD66 Dec-2006 prohibit sale to minors Passed - 15-May-2007 Rep. Chris Barstow No, then Yes Amended - originally proposed 'Schedule Z' classification
Massachusetts 4434 16-May-2007 class C in committee Rep. Viriato Manuel deMacedo and Rep.Daniel K. Webster Yes
Michigan HB5700 12-Feb-2008 Schedule I Passed House Rep. Micheal Sak Yes
Minnesota HF2949 28-Feb-2008 Schedule IV proposed Rep. Joe Atkins No
Missouri HB165 05-Jan-2005 Schedule I not passed / died Rep. Rachel L. Bringer No
HB633 23-Feb-2005 Passed - 28-Aug-2005 Rep Scott A. Lipke
and Rep. Rachel L. Bringer		 Yes
Nebraska LB840 10-Jan-2008 Schedule I proposed Attorney General Jon Bruning & Senator Vickie McDonald Yes
New Jersey AB3139 06-Apr-2006 Schedule I proposed Assemblywoman Linda Stender Yes
SB1867 15-May-2006 Schedule I proposed Sen. Stephen Sweeney Yes
New York S695 18-Apr-2005 prohibit sale being considered by the State Assembly Sen. John J. Flanagan No fine of no more than $500 per violation
A8920 5-Jun-2007 prohibit possession proposed Assemblyman Carl Heastie No fine of no more than $50 per violation
S07736 18-Mar-2008 Schedule I proposed no sponsor listed No Possession- Class B Misdemeanor. Sale- Class A Misdemeanor
North Dakota SB2317 15-Jan-2007 Schedule I Passed - 01-Aug-2007 Sen. Dave Oehlke, Sen. Randell Christmann et al. No, then Yes bill refers to salvinorin A and "any of the active ingredients" of Salvia divinorum
Ohio HB215 May-2007 Schedule I passed House unanimously, now in Senate Rep. Thom Collier Yes
Oklahoma HB2485 06-Mar-2006 prohibit extracts Passed - 26-May-2006 Rep. John Nance Yes enhanced, concentrated, and chemically or physically altered
Oregon SB592 22-Feb-2003 Schedule I not passed / died
HB3485 15-Mar-2003 not passed / died
HB2494 25-Jan-2007 not passed / died Rep. John Lim Yes
Pennsylvania HB2657 02-May-2006 Schedule I not passed / died Rep. James Casorio et al. Yes
SB1217 16-Jun-2006 not passed / died Sen. Lisa Boscola et al. No
SB710 29-Mar-2007 proposed Sen. Lisa Boscola et al. No
HB1379 29-May-2007 proposed Rep. Beyer et al. No
HB1547 18-Jun-2007 proposed Rep. James Casorio et al. Yes
South Carolina H4687 13-Feb-2008 Schedule I Passed House Rep. Huggins Yes
Tennessee SB3247 /HB2909
/TCA 39-17-452		 15-Feb-2006 Class A misdemeanor Passed - 01-Jul-2006 Rep. Park M. Strader, Sen. Tim Burchett Yes not an offense to possess, plant, cultivate, grow, or

harvest Sd for aesthetic, landscaping, or decorative purposes
Texas HB2347 02-Mar-2007 Penalty Group 2 proposed Rep. Charles "Doc" Anderson Yes Penalty Group 2 of the Texas Controlled Substances Act
SB1796 09-Mar-2007 prohibit sale to minors proposed Sen. Craig Estes No proposed concurrently to HB2347 above
Utah HB190 18-Jan-2007 Schedule I not passed / died Rep. Paul Ray No, then Yes
HB260 09-Jan-2008 proposed Yes
Virginia HB2844 10-Jan-2007 Schedule I not passed / died Delegate John M. O'Bannon, III only Any material, compound, mixture, or preparation, which contains any quantity of Salvinorin A (another name: Divinorin A). - The plant Salvia divinorum was not mentioned
HB21 29-Nov-2007 Passed - 02-March-2008 to take effect 01-July-2008 only originally referred to salvinorum, but committee corrected to salvinorin, Salvia divinorum plant not Schedule I listed
Wisconsin AB477 07-Aug-2007 fine not to exceed $10,000 proposed Rep. Sheldon Wasserman et al. only prohibits manufacturing, distributing, or delivering salvinorin A with the intent that it be consumed by a person
Wyoming HB49 13-Feb-2006 Schedule I not passed / died Rep. Stephen Watt No

[edit] Alabama

On March 29, 2007 Senator Hank Erwin (R) proposed Senate Bill 330, which would have made Salvia divinorum a Schedule I substance in Alabama. The bill died in Senate Judiciary Committee.[49]

On October 18, 2007 State Senator Roger Bedford (D-Russellville), and Representative Johnny Mack Morrow (D-Red Bay) were reported as saying that they are going to propose legislation again that would make Salvia a Schedule I drug, in Alabama.

Morrow said - "Drug dealers throughout America are always trying to come up with new methods of selling our children drugs," [...] "This legislation is all about protecting our children."

Bedford said - "We want to see the law catch up with these designer drugs".

Franklin County District Attorney Joey Rushing said that he hopes Alabama can step up as a leader in fighting to control it before it becomes a major problem - "It's cheap, it's easy to buy and it's dangerous," [...] "Those are combinations that we need to stop before it's too late" he said.[50]

In May 2008 it was reported that Senator Bedford's bill had died, having never got on to the Senate's work agenda.

Senator Hank Erwin, who was sponsoring a salvia bill for the second year, was reported as saying that he will try again next year "because people of any age can legally buy salvia in Alabama".[51]

[edit] Alaska

On April 5, 2006 Senator Gene P. Therriault (R) proposed adding Salvia divinorum to Alaska's list of Schedule IIA controlled substances. The bill died in committee. On January 16, 2007, he proposed another bill (Senate Bill 38).[52] The bill has not yet come up for vote.

On February 2, 2008 the Anchorage Daily News reported that the bill still remained in the Finance Committee, but that Therriault hoped it would be addressed in the 2008 session. The bill didn't progress last time because it got buried behind higher-priority bills that needed to be heard in Finance, said Miles Baker, legislative assistant to Sen. Bert Stedman, R-Sitka, who co-chairs the committee.

Therriault claimed that the drug's effects are similar to LSD's, and too powerful, dangerous and unpredictable to leave it unrestricted. "What I'm trying to do here is be proactive instead of reactive to the newest drug on the scene," he said.

Lt. Andy Greenstreet, deputy commander of the Alaska Bureau of Alcohol and Drug Enforcement said, "Reports of problems stemming from the plant's use are rare to nonexistent in Alaska."

Jack Degenstein, with the Alaska Libertarian Party, who opposed Therriault's bill in a Senate hearing in 2007, said, "This is absolutely not a public safety risk" [...] "just because it's powerful doesn't mean it's dangerous."

Jason Dowell, chairman of the Alaska Libertarian Party, said people should have the freedom to choose, especially when the choice is about a plant that has had traditional medicinal uses in Mexico. "It's ridiculous that they would try to make plants illegal," Dowell said. "It's just a recipe for disaster. They're going to send innocent people to prison and invade their privacy."[53]

[edit] California

On February 5, 2007 Assembly Member Anthony Adams (R) proposed Assembly Bill 259.[54] The bill wording was amended on March 12, 2007 to include salvinorin A. The bill proposed adding Salvia divinorum and salvinorin A to Califorina's list of Schedule I controlled substances.

The bill was referred to the Committee on Public Safety with a due date for public hearing on March 27, 2007. [1] The bill analysis [2] indicated that opposition to the bill was registered by, among others, Daniel Siebert and the Drug Policy Alliance. The bill was defeated in Committee by a 3-2 vote. A reconsideration was granted and the second hearing was on January 15, 2008.[54]

The bill wording was significantly amended on January 7, 2008. The proposal for Schedule I classification was dropped and replaced instead with restrictions on the sale to minors. Section 379 to be added to the penal code - "Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person who is less than 18 years of age, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment."

The amended bill was passed out from the Assembly Committee on Appropriations to 'Consent Calendar' with a recommendation 'Do Pass' (Ayes 16, Noes 0) on January 24, 2008, having passed the Assembly Committee on Public Safety (Ayes 7, Noes 0) the previous week.[55]

Adams said he was initially asked to address the issue of Salvia divinorum by officials from the San Bernardino County Sheriff's Department. Lt. Barbara Ferguson, the department's legislative liaison, said "I am not real happy with the limited bill that we have. Our intention, when we started this, was to make it completely illegal. ... But because of how liberal the legislature is here in California, that was impossible to do. There will come a time when we can completely outlaw it here in California."[56]

It was reported that Anthony Adams had met Kathy Chidester during discussions over the bill. Kathy Chidester believes salvia was a contributing factor to her son's suicide, which occurred in January 2006. She argued for an outright ban in her home state of Delaware. Schedule I classification was introduced there three months after the teenager's death in the form of "Brett’s law". Since then Kathy Chidester has campaigned more widely to see bans introduced in other states.[56]

[edit] Delaware

On January 23, 2006 Delaware teenager Brett Chidester took his own life by climbing into a tent with a charcoal grill where he died of carbon monoxide poisoning [3]. In an essay found after his death, he wrote "Salvia allows us to give up our senses and wander in the interdimensional time and space…Also, and this is probably hard for most to accept, our existence in general is pointless. Final point: Us earthly humans are nothing."[57] Although being written earlier, Brett's notes have subsequently been presented in media reports as if they were part of his suicide note. Brett's suicide note did not mention Salvia. There are arguably more relevant factors, with the extent and significance of Brett's use of alcohol being a matter of contention [4], and with it being reported that Brett had been suffering from depression. Given the details of Brett's suicide, in particular its premeditated nature and slow method, it is unlikely that he was immediately under Salvia divinorum's influence at the time of his death. There have been no other reported cases of Salvia related suicides anywhere else in the world. Also, Brett had told his parents that he had actually ceased his experimentation with the plant.

Despite the doubts that have been expressed about the lack of evidence against Salvia in this case [5], Senator Karen Peterson sponsored Senate Bill 259, "Brett’s law", which passed as state legislation classifying Salvia divinorum as a Schedule I controlled substance.

Senator Karen Peterson and Brett's parents Kathy and Dennis Chidester have subsequently continued to campaign for and support Schedule I legislation beyond their home state of Delaware. [6]

[edit] Florida

In March 2008 it was reported that Florida state Representative Mary Brandenburg has proposed a bill to make possession of salvia a felony punishable by up to five years in prison.

Florida state Senator Evelyn Lynn, who was on the committee to study the Salvia bill, said salvia should be criminalized. "I'd rather be at the front edge of preventing the dangers of the drug than waiting until we are the 40th or more," she said.[58]

The House bill number is HB 1363. It proposes including Salvia divinorum & Salvinorin A on Florida's Schedule I list of controlled substances. There are also similar Senate bills SB340, and SB1612.[7]

Representative Brandenburg has received political campaign contributions from beer, wine & liquor related industries. Senator Lynn has received political campaign contributions from industries including tobacco companies & tobacco product sales, and beer, wine & liquor related industries.[31]

On April 16, 2008, HB1363 passed the House, and advanced to the Senate floor. On April 23, 2008, the bill unanimously passed the Senate by a vote of 39-0. Having passed both House and Senate, the bill was signed into law on May 29, 2008 by Governor Charlie Crist becoming effective July 1, 2008. [8][9]

[edit] Georgia

On March 8, 2007 Senator John Bulloch, (R-Ochlocknee), filed Senate Bill SB295 which proposes that "It shall be unlawful 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" (sic). [10]

Violation of the proposed law would be considered a misdemeanour under Georgia's code. It would not apply to "the possession, planting, cultivation, growing, or harvesting of such hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes".

Sen. John Bulloch reportedly saw a report on an Atlanta television news station about the increased use of Salvia divinorum. He was quoted as saying - "I thought, 'Why hasn't somebody already jumped on this?'" before filing Senate Bill 295. "I hurriedly got legislative counsel to draft the bill…Everything that I read about it is it's considered to be a hallucinogenic drug…A lot of the reading that I've found on it says that it gives a quicker and more intense high than LSD." [11]. Senator Don Thomas (R-Dalton), a physician and member of the reviewing Senate Health and Human Services Committee, was reported as saying—"I just know about the publicity of the dangers of it, and the use of it, so my first impression is to ban anything of that nature". [12]

[edit] Illinois

On January 19, 2006 Senator John J. Millner (R) introduced Senate Bill 2589 to the Illinois State Legislature. This bill sought to add Salvia divinorum to that state's list of Schedule I controlled substances. The Bill failed to pass as the session ended sine die (adjourned with no date set for resumption).

On January 26, 2007 Representative Dennis M. Reboletti (R) filed House Bill HB457[59] which proposed Schedule I classification for Salvia divinorum (including "the seeds thereof, any extract from any part of that plant, and every compound, [...] derivative, mixture, or preparation of that plant"). The bill does not mention the active chemical constituent salvinorin A.[15] Daniel Siebert criticised this wording as being "absurdly broad in scope, for it implies that any substance extracted from Salvia divinorum (water, chlorophyll, whatever) would be treated as a Schedule I controlled substance under the proposed law."[1]

In March 2007 news of the bill's passage on Reboletti's website alleged that Salvia is a "powerful psychoactive plant which in appearance looks like marijuana but has the psychoactive properties of LSD". Reboletti said, "It's important that we in the legislature are proactive in protecting our children from highly addictive substances" and "For a drug to be classified as a Schedule 1 substance signifies that it's a highly dangerous and potentially lethal drug for its user. Hopefully, the passage of my bill will bring attention to "Magic Mint" and help law enforcement combat the future rise of this drug."[26] Salvia divinorum article references and other sources indicate however that Salvia does not look like marijuana. Its psychoactive properties are not like those of LSD, and that Salvia divinorum is not generally understood to be either addictive or toxic.

By May 22, 2007, HB0457 had received support from all 173 members in both bodies of the democratic majority Illinois General Assembly. It was sent to the Governor of Illinois, Rod Blagojevich (D), on June 20, 2007 and was signed into law on Friday August 17, 2007.[59] The law came into effect on January 1, 2008.[60]

In a statement given prior to the bill coming into effect Reboletti said, "I've seen the argument to legalize marijuana. It is a gateway drug, like salvia could be a gateway drug,"[61] and "We decided to move forward rather than waiting for someone to be killed because of it."[62]

A critical editorial was published by the Chicago Sun-Times on the eve of Reboletti's law coming into effect. It commented - "Legislators must have been on something to zero in on this obscure organic substance ... The last time we checked, Illinois was not besieged by a salvia epidemic. We don't see the urgency in criminalizing a substance with no clear track record of causing people to act in a dangerous manner or hurt other people ... considering how overcrowded our prisons are with dangerous criminals, trolling around for more nonviolent drug offenders to punish is counterintuitive... Regulating use of, rather than banning salvia, would have been a more sober approach."[61]

Alcohol related financial contributions featured highly for Representative Dennis Reboletti's 2006 political campaign. According to the National Institute on Money in State Politics, 'Beer, Wine & Liquor' was his seventh highest industry contributor.[31]

[edit] Indiana

A few days after a local TV news report aired in November 2007, a follow-up story reported that Representative Dennis Avery (D-Evansville) was interested in a possible ban. Representative Avery was quoted as saying - "I had never heard of this product until a very short time ago when 14 News brought it to my attention." The news report went on to say - "Several local drug prevention organizations and area law enforcement tell 14 News there hasn't been any indication salvia is a problem substance."[63]

An online poll was conducted in connection with Indianapolis news channel's stories also in November 2007, asking the question - "Do you believe Indiana should regulate Salvia divinorum?"[64] A majority of 76% of the polls respondents were opposed to outright prohibition (59% preferring age regulations, and 17% no restrictions at all).

On January 13, 2008 it was reported that State Representative Suzanne Crouch (R-Evansville) was proposing a bill that wants Indiana law rewritten to declare Salvia divinorum a Schedule 1 controlled substance. Crouch's proposal would make the manufacture, sale or possession with intent to deliver salvia a Class B felony, carrying a potential penalty of 6 to 20 years.

The offense would be a Class A felony if the delivery or sale of Salvia divinorum were to someone under age 18, on a school bus or within 1,000 feet of school property, a park, family housing complex or youth program center. A conviction for a Class A felony would carry a 20- to 50-year sentence. The bill has not yet been assigned to a committee.[65]

Crouch was reported as saying - "The fact it has that kind of (hallucinogenic) reaction and is not illegal certainly caused me to look at it seriously".

An editorial published by the Evansville Courier & Press on January 15, 2008 asked - " Are the proposed penalties of decades in prison appropriate? It's easy to demand Draconian sentences, until it's your teenager who gets caught". It suggested that there were other, more pressing, concerns for Indiana's lawmakers during the 2008 legislative session, saying - "Crouch's bill instead should be referred to a study committee for hearings this summer, with an eye to considering it in the 2009 session. It's not as if we have an epidemic of salvia divinorum abuse that requires immediate action."[66]

Alcohol related financial contributions featured highly for Representative Suzanne Crouch's 2006 political campaign. According to the National Institute on Money in State Politics, 'Beer, Wine & Liquor' was her eighth highest industry contributor.[31]

[edit] Iowa

On January 18, 2007 the Governor’s Office of Drug Control Policy proposed House/Senate Study Bills HSB133 and SSB1051. These bills propose classification of Salvia divinorum and salvinorin A as Schedule I controlled substances.

[edit] Kansas

On January 18, 2008 Senate bill 481 was proposed to amend current Kansas state law to add Salvia divinorum and datura stramonium (gypsum weed or jimsom weed) to schedule I of the Kansas Controlled Substances Act. The fiscal note from the Division of Budget stated the passage of this bill would have no fiscal effect.

The proponents of the bill included Senator Peggy Mast; Tom Stanton, Kansas County and District Attorneys Association; and Teresa Walters, Emporians for Drug Awareness. There was no testimony in opposition to the bill.[67]

On her website Peggy Mast said - "A bill that would outlaw Salvia has entered the Senate as well as one in the House. It looks positive that these bills will get the support needed in both chambers. This drug has become widely abused and it is time to pass legislation to make it illegal."[68]

The bill was passed by the Senate (yeas 40 nays 0) on February 20, 2008 and moved on for review by the House Judiciary committee. The House voted in favor of the bill on March 27, 2008 (ayes: 122, nays: 1). On April 14, 2008, it was sent to Governor Kathleen Sebelius (D) for executive approval.[67]

On April 24, 2008, the bill was signed into law by the Governor, making Kansas the 9th state to criminalize the possession, use, or sale of Salvia divinorum. [13]

[edit] Louisiana

Effective from August 8, 2005 (signed into law on June 28, 2005) Louisiana Act No 159 made 40 plants, including Salvia divinorum, illegal if sold for human consumption. It is still legal to own the plants. Simple possession of an illegal form of Salvia is a felony for which the maximum sentence is 5 years; production (even for personal use) or distribution (even for free) has a maximum sentence of 10 years and a minimum sentence of 2 years. In addition, the defendant can even be sentenced to hard labor for either offense.

[edit] Maine

In December 2006 Rep. Chris Barstow proposed legislation for the State of Maine. According to reports Barstow believes Salvia "is a drug very similar to LSD" and "We need to have it banned as soon as possible" [14]. Barstow's initial bill proposed that Salvia divinorum be broadly classed the same as marijuana (classified as 'Schedule Z' in Maine). Under the proposed bill possession of Salvia divinorum is a 'Class E' crime , and trafficking or furnishing of Salvia divinorum is a 'Class D' crime.

Barstow's action followed an approach from Kimberly A. Johnson, director of the Maine Office of Substance Abuse [15], after she had seen Salvia divinorum on sale in her home town of Gorham. Johnson indicated that she would not be satisfied with only the enforcement of age restrictions to control Salvia, asserting—"This drug is just as dangerous to someone who's 30 as someone who's 17". [16]

Lawmakers on the Criminal Justice Committee amended the proposed bill on February 6, 2007. The amendment proposed regulating Salvia only for minors, so that selling or providing Salvia divinorum to anyone under the age of 18 would be a criminal offense. Possession by a minor would be a civil violation, punishable by a fine and community service. Adults 18 and over could continue to legally purchase and use the herb.

According to news reports [17], several committee members at the work session questioned the need to criminalize a drug that hadn't been causing a problem and apparently has little or no addictive potential.

The amended measure was signed by the governor on May 15, 2007. Its was "Passed to be enacted" (last Senate action) on September 5, 2007.[69]

[edit] Massachusetts

On May 16, 2007, Representatives Viriato deMacedo (R) and Daniel Webster (R) introduced House Bill 4434 to the Massachusetts State Legislature. If enacted, this legislation would make Salvia divinorum and salvinorin A Class C controlled substances in that state. A city ordinance, enacted in April 2008, prohibits the sale of Salvia divinorum in the town of West Bridgewater, Massachusetts.

[edit] Michigan

On February 12, 2008 Representative Michael Sak submitted house bill HB5700, which proposes Schedule I classification of Salvia divinorum and salvinorin A in the state of Michigan. The bill was passed by the House on March 5, 2008 (Yeas 106, Nays 0) and referred for review by the Senate Health Policy Committee.[70]

Alcohol related financial contributions featured highly for Representative Sak's 2006 political campaign. According to the National Institute on Money in State Politics the Michigan Beer and Wine Wholesalers Association was his highest contributor.[31] A news reporter, noticing that out of the entire House Sak had got the most money from the association, asked Sak if he was acting on behalf of the alcohol lobby. Sak said that the question was insulting. The only special interest he’s working for is the “citizens of Michigan,” he said. He said that if people had questions about the deleterious affects of salvia, they should go on YouTube to watch the videos. Sak was asked whether he had ever seen a “Girls Gone Wild” video — where drunken college girls are asked to show their breasts, and are rewarded with free T-shirts — and whether that would incite him to try and make alcohol illegal. Sak said he hadn’t had a chance to “review the material.”[71]

[edit] Minnesota

On February 28, 2008 Representative Joe Atkins introduced House bill HF2949 which proposes that Salvia divinorum be added to schedule IV of the controlled substance schedules in Minnesota.[72] Atkins was repordedly concerned that "It's becoming a drug of choice for college kids on campus, because it's legal and readily available."[73]

Matt Snyders, a journalist for the Minneapolis newspaper City Pages, tried Salvia divinorum for himself as part of his journalistic investigations. On April 9, 2008 he told of calling Representative Atkins and inviting him to do the same in order to research the issue more thoroughly. Snyders argued that Atkins would "be able to brandish his position with more credibility were he to experience the "drug" firsthand."

Representative Aktins reply was "Frankly, it's not something that I have a considerable amount of time to do. Even if I wanted to." Snyders then asked "What if only I smoked it? Would you at least want to observe the effects?"

"Not particularly," Atkins said.

Snyders report concluded:

“ Ultimately, it's this fundamental disconnect that accounts for the misunderstanding surrounding Salvia. As has been the case with other mind-expanding substances, the inability and unwillingness to differentiate between "psychedelically potent" and "socially dangerous" has spawned quixotic efforts to dispose of a natural plant via government prohibition.”

Snyders 2008-04-09 (US Media)

[edit] Missouri

On January 5, 2005, Representative Rachel L. Bringer introduced House Bill 165 to the Missouri State legislature. This bill sought to add Salvia divinorum to that state's list of Schedule I controlled substances. Despite the CCLE sending a letter to Representative Bringer advising of its earlier report to Congress[7], the following month saw the introduction of House Bill 633, which sought to place Salvia divinorum and salvinorin A in Schedule I and also proposed to add 12 other substances to Missouri's list of controlled substances. This second bill was introduced on February 23, 2005 by Representative Scott A. Lipke (R) and Representative Bringer. On August 28, 2005 the bill was incorporated into section 195.017 of the state's drug regulation statutes. Thus, Salvia divinorum became a Schedule I substance in the state of Missouri. Possession is a Class C felony under MRS 195.202, which allows a maximum sentence of 7 years.

[edit] Nebraska

Attorney General Jon Bruning's office plans to pursue a bill to make Salvia divinorum illegal during Nebraska's 2008 legislative session.[74]

In a press release aired by Nebraska TV he was reported as saying - "Salvia is a powerful hallucinogen that can be purchased legally. This legislation will make it illegal and put it on par with other powerful drugs like peyote, psychedelic mushrooms and LSD," [...] "Several other states have already made salvia illegal. It's time to add Nebraska to the list."

Senator Vickie McDonald, who is supporting the legislation, said - "Videos of teens using this common plant to get high have become an internet sensation," [...] "Nebraska needs to classify salvia divinorum and its active ingredient, salvinorin A, as a controlled substance in order to protect our children from a drug being portrayed as harmless when it's not."[75]

The bill proposes addition of Salvia divinorum to Schedule I of the Nebraska Uniform Controlled Substances Act. Possessing Salvia would be considered a Class IV felony with a penalty of up to five years. Trafficking would fall under a Class III felony with up to a 20 year penalty.

In TV reports Senator Vickie McDonald said - "Anytime anything's on YouTube it's an issue," and "Legislators, parents, grandparents, we need to be on top of these things," [...] "We need to protect our children and this is one way we can do it."[76][77]

Senator Vickie McDonald's second highest political campaign contributions from industry groups in 2006 came from "Beer, Wine & Liquor" related industries. Her third highest campaign contributors in 2006 came from industries related to "Tobacco companies & tobacco product sales".[31]

The proposed bill was submitted to the Nebraska legislative process as bill number LB840 on January 10, 2008. Its status was "Referred to Judiciary Committee" on January 14, 2008.[78]

[edit] New Jersey

On April 6, 2006 Assemblywoman Linda Stender (D) announced that she was proposing legislation to ban Salvia divinorum. On May 15, 2006 Senator Stephen Sweeney (D) proposed Senate Bill 1867 to the State Senate. Assemblywoman Stender introduced an identical bill to the State Assembly on May 22, 2006. It is designated Assembly Bill 3139 and is cosponsored by Assemblyman Jack Conners (D) and Assemblyman Herb Conaway (D). If passed, these bills would classify Salvia divinorum and salvinorin A as Schedule I controlled substances in New Jersey. Neither bill has come up for a vote.

[edit] New York

New York is considering a bill (S04987) proposed by Senator John J. Flanagan (R) that would place heavy civil penalties on the sale of the plant.

[edit] North Dakota

On January 15, 2007 Senators Dave Oehlke (R) and Randel Christmann (R), together with Representative Brenda Heller (R) proposed Senate Bill 2317 to classify Salvia divinorum as Schedule I controlled substance.

The original text of the bill only mentioned Salvia divinorum. The Senate Judiciary Committee amended this on April 5, 2007, changing the bill wording to include salvinorin A and "any of the active ingredients" of Salvia divinorum. Daniel Siebert has questioned this vague wording - "since it could be interpreted to include many commonly occurring pharmacologically active compounds, such as tannins, oleanolic acid, ursolic acid, etc". The amended bill passed in the Senate on February 7, 2007 (ayes: 47, nays: 0). It passed in the House on March 16, 2007 (ayes: 83, nays: 6). It was signed into law by Governor John Hoeven (R) on April 26, 2007. The new law went into effect on August 1, 2007.[1]

[edit] Kenneth Rau

In April 2008 the case of Bismarck resident Kenneth Rau, a 46 year old bottling plant worker, was reported as likely being the first person charged for Salvia divinorum possession in the United States. He was arrested on April 9, 2008 when police searched his home looking for his adult son, who was on probation for drug charges.

Burleigh County States Attorney Cynthia Feland confirmed, "He is being charged with possession of salvia with intent to deliver". Rau suggests that this is a long used drug prosecutors ploy "to make dealers out of everyone," saying of his untreated leaf, "Nobody wants leaves. Everyone is buying those 10X and 20X and 30X extracts." [...] "I bought eight ounces of leaf on eBay by bidding $32 for it. Now they're charging me with possession with intent." [...] "This is ridiculous since an ounce is clearly the standard saleable unit for [untreated] leaf."

Rau's interest in salvia was reported as deriving from a broader interest in herbalism, religion and spirituality. - "I read that salvia facilitates lucid dreaming, so I tried chewing some leaves before bed time, and it was interesting because I would see faces and remember names I had long forgotten." He also tried salvia as a cure for depression. "I have some childhood issues to deal with. They had me on Paxil," he said. "They want you to take their pharmaceuticals, but if you want to take an herbal remedy, they want to throw you in prison. Are they going to save me from myself by throwing me in prison for years?"

Rau said his arrest has motivated him. "Maybe this is an opportunity for me to join the fight. I've never been a drug user, never been arrested. I started experimenting with this stuff because I thought it was legal. I didn't want to get into trouble, but now they're treating me just like some meth dealer." [...] "I've emailed the ACLU Drug Law Reform Project, but I haven't heard back from them yet."

The Drug Reform Coordination Network (DRCNet) reported that it had contacted Republican lawmakers, state Sens. Dave Oelke and Randel Christmann and state Rep. Brenda Heller, but none of the three legislators responded to requests for comment.[79]

[edit] Ohio

In May 2007 Representative Thom Collier (R) proposed House Bill 215 seeking to make Salvia divinorum a Schedule I drug in the state of Ohio. [18] The bill passed unanimously (95-0) on April 16, 2008. It now moves to the Senate, where it is expected to pass.

[edit] Oklahoma

Representative's John Nance (R) bill HB 2485 was passed into law in the State of Oklahoma on the May 26, 2006. The wording of the bill—"salvia divinorum [that] has been enhanced, concentrated or chemically or physically altered"[19]—means that its particular focus is on high-strength extracts, rather than untreated natural strength Salvia divinorum leaf or plants. Oklahoma is now considering legislation to outlaw natural strength Salvia divinorum as well. [20]

[edit] Oregon

During the year 2003 two bills were proposed to criminalize Salvia divinorum and salvinorin A. Both bills died upon adjournment of the Oregon Judiciary Committee. House Bill 3485 (introduced March 15, 2003) sought to impose particularly severe penalties. If it had passed, possession would have been punishable by a maximum of 10 years imprisonment, a $200,000 fine, or both. Delivery would have been punishable by a maximum of 20 years imprisonment, a $300,000 fine, or both. Senate Bill 592 only proposed to make delivery a crime. If it had passed, delivery would have been punishable by a maximum of one year's imprisonment, a $5,000 fine, or both.

Efforts to ban Salvia divinorum were renewed on January 25, 2007. Representative John Lim (R) introduced House Bill 2494 to the Oregon State Legislature.[80] If passed, this legislation would have made Salvia divinorum and salvinorin A Schedule I controlled substances in that state. Possession would be punishable by a maximum of 1 year's imprisonment, a $6250 fine, or both. Manufacture or delivery would be punishable by a maximum of 20 years imprisonment, a $375,000 fine, or both.

Rep. John Lim has been quoted as saying—"From what I understand this drug is at least as dangerous as marijuana or LSD", and Seth Hatmaker, a spokesman for Lim—"I think it's only a matter of time before we find people addicted to this stuff".[25] There is little or no research evidence to support these views. In fact, the scientific consensus is mostly to the contrary. Salvia divinorum is not generally understood to be addictive.

House Bill 2494 died in committee upon adjournment on June 28, 2007.[80]

[edit] Pennsylvania

The Pennsylvania General Assembly website indicates three salvia related bills in the 2007-2008 Regular Session. These are Senate bill 710 (P.N. 781), House Bill 1379 (P.N 1951) and House Bill 1379 (P.N. 1726).[21] The different bills were introduced by different bill sponsors, but all proposed adding Salvia divinorum to Pennsylvania's Schedule I listing of controlled substances.[22][23] House Bill No. 1547 also listed Salvinorin A and Divinorin A (Salvinorin A is also known as Divinorin A).[24] Their last actions were recorded as: Referred to Judiciary, March 29, 2007 for Senate Bill 710;[25] Referred to Judiciary, May 29, 2007 House Bill 1379;[26] and, Referred to Judiciary, June 18, 2007 for House Bill 1547.[27]

[edit] Tennessee

Tennessee has passed a law (SB3247/HB2909/TCA 39-17-452) that makes knowingly possessing, producing, manufacturing, distributing, or possessing with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant Salvia divinorum a Class A misdemeanor.[13] The law was to originally make it a felony, but it was amended. The Senate Bill was sponsored by Senator Tim Burchett (email) (R-Knoxville). It was signed into law on May 19, 2006 and went into effect on July 1, 2006. Tim Burchett stated, "We have enough problems with illegal drugs as it is without people promoting getting high from some glorified weed that's been brought up from Mexico. The only people I’ve heard from who are opposed to making it illegal are those who are getting stoned on it."[81]

[edit] Texas

On March 3, 2007 Representative Charles "Doc" Anderson (R-Waco) filed House Bill 2347 which proposes the addition of salvinorin A and Salvia divinorum to Penalty Group 2 of the Texas Controlled Substances Act. On March 28, 2007 the Committee on Criminal Jurisprudence held a video recorded public hearing, 56 minutes 30 seconds into which HB2347 was raised.

Concurrently to Representative Anderson's proposed House bill, Senator Craig Estes (R) filed Senate Bill 1796 on March 9, 2007. In contrast to the more restrictive House bill, the Senate bill simply proposes an age restriction—prohibiting the sale of Salvia divinorum to persons younger than 18 years of age.

Neither bill was passed into law before the legislative session ended, although SB1796 bill did pass in the Senate by a voice vote of 31-0. The House bill failed to make it out of committee.

[edit] Utah

KSL's Utah news channel broadcast a story on November 27, 2006 warning its viewers about what it called "this dangerous herb".[18] The next day, on November 28, 2006, the same channel reported House Representative Paul Ray's "immediate response" with proposed legislation to ban Salvia divinorum in the State of Utah, quoting him as saying - "It was upsetting to see we have a drug of that strength that's legal." and "We're basically going to make it illegal to possess or sell. Period."[19] Ray's bill (HB190) proposed Schedule I classification.[82]

On December 12, 2006, KSL editorial director Duane Cardall published a stance against Salvia divinorum on behalf of the news station as a whole. Cardall's piece closes: "In KSL's view, the legislature should take action to control the sale of Salvia Divinorum before the illicit use of the accessible hallucinogen spreads. That wasn't done in a timely way with Meth, and now we have a devastating epidemic. Preemptive action now with 'Sally D' would likely spare countless families the horror of losing a loved one to the relentless tentacles of drug abuse."[20]

KSL news stories and editorials generally support on-line comments from its registered readers. In this case feedback was overwhelmingly in disagreement with the editorial line.

The House Representatives voted unanimously in favour of the bill however. On February 22, 2007 the bill status was 'House/ passed 3rd reading' (Yeas - 68, Nays - 0).[82] But the bill did not get enacted during its legislative session and was instead sent to the House file for defeated bills on February 28, 2007.

The bill was scheduled to be re-introduced by Representative Paul Ray in a Law Enforcement and Criminal Justice Interim Committee meeting scheduled for September 19, 2007.[83] On October 17, 2007 the Salt Lake Tribune newspaper reported that the proposal had been set aside. Representative Ray said that federal regulators had alerted him that they were close to reaching their own classification for Salvia divinorum.[84] Nonetheless, Ray re-filed the proposed legislation on January 9, 2008 for consideration in the general legislative session. The bill has been filed as Utah H.B. 260.[85]

[edit] Virginia

On January 10, 2007 Delegate John M. O'Bannon, III (R) filed house bill HB2844 which proposed that any material, compound, mixture, or preparation, which contains any quantity of salvinorin A be classified as a Schedule I controlled substance. The plant Salvia divinorum was not itself mentioned. The bill failed to pass the initial committee stage.[28]

Delegate John O'Bannon introduced a new bill, HB21.[86][87] On January 16, 2008 the Washington Times quoted O'Bannon as saying - "It is the opiate equivalent of LSD, and it usually causes bad trips".[88] Other references suggest however that, while unpleasant experiences can occur, so called "bad trips" are the exception rather than the rule.[89] The equivalence made with LSD is also inaccurate. Salvia divinorum is a selective κ (kappa) opioid receptor agonist.[90] The term opiate incorrectly implies a derivative of opium. Virginians Against Drug Violence opposed the bill on the grounds that banning the drug would, paradoxically, increase interest in using it.

The bill unanimously passed the house on January 16, 2008 and passed the Virginia State Senate unanimously on February 18, 2008.[91] However, the bill had been slightly altered between the two versions. It originally listed both Salvia divinorum and Salvinorum A (sic) as additions to Virginia's Schedule I classification. The version passed by the Senate (Yeas - 40, Nays - 0) had corrected the spelling of the active constituent salvinorin A, and did not list the plant Salvia divinorum.[87] It was signed into Law on March 2, 2008, and the law will become effective on July 1, 2008.[29]

The news story [91]suggested that the galvanizing incident in the overall movement to ban salvia was the suicide in January 2006 of 17-year-old Brett Chidester. Kathy Chidester, Brett’s mother, is convinced it was salvia that made her son depressed, and is actively advocating for salvia criminalization. In a phone interview, Delegate O’Bannon said that Mrs. Chidester wrote him a letter to support the proposed salvia ban in Virginia. The interviewing journalist mentioned the seeming lack of connection between Brett's suicide and Salvia divinorum, to which O'Bannon reportedly snapped - "That’s not what his mother thinks".[91]

The report went on to say that according to Laura Bechtel of Virginia's Blue Ridge Poison Center, there had only been 11 calls about salvia in the past four years, only four of which were people who had actually ingested, the other seven being callers just seeking information. This was out of a total of 148,650 calls received by the center during in that period. "As far as I know," Bechtel said, "we haven’t had any cases that needed medical attention."[91]

[edit] Wisconsin

On February 15, 2007, the day after a Fox TV local news story on Salvia had aired in Milwaukee,[22] Wisconsin state lawmaker Sheldon Wasserman, also a licensed physician, spoke to Fox news in a follow-up report about his plans to introduce legislation to make Salvinorin A a Schedule I controlled substance. In the interview he said - "it came to me as a complete... something totally new... I was kinda shocked" and went on to claim - "there is no medical purpose for this product, it is completely for getting high, getting stoned, and it is something that should not be out there and available".[23]

On June 18, 2007 the Wisconsin State Journal newspaper ran a front page headline cover story about Salvia, reporting that Representative Wasserman had recently begun seeking sponsors for a bill that would ban the manufacture and sale of Salvia divinorum for consumption in Wisconsin, with a penalty of up to $10,000. Wasserman was reported as saying - "This bill is all about protecting our children" and "I want to stop the Salvia divinorum dealers who are pushing young people to experiment with a potentially dangerous substance."[24]

On August 7, 2007, Representatives Sheldon Wasserman (D), David Cullen (D), John Townsend (R), Mike Sheridan (D), Alvin Ott (R), Jake Hines (R), and Terese Berceau (D) introduced Assembly Bill 477 to the Wisconsin State Legislature. If passed, this bill would prohibit manufacturing, distributing, or delivering the active chemical ingredient in the plant Salvia divinorum (salvinorin A) with the intent that it be consumed by a person.[1]

[edit] Wyoming

On February 13, 2006 Representative Stephen Watt (R) proposed adding Salvia divinorum to Wyoming's list of Schedule I controlled substances (House Bill 0049). The bill died without coming up for a vote.

[edit] See also

[edit] Citations

  1. ^ a b c d e f g h i j k l m n Siebert (Legal status).
  2. ^ a b c d Erowid (Legal status).
  3. ^ a b c Worksop 2005-10-14 (UK Media).
  4. ^ a b Mann 2005.
  5. ^ DEA 2007.
  6. ^ a b Siebert 2002.
  7. ^ a b c Boire 2002.
  8. ^ Baca 2002.
  9. ^ DEA 2003.
  10. ^ CCLE 2002b.
  11. ^ Haskell 2007-02-08 (US Media).
  12. ^ Nance 2006, section 1, para 38.
  13. ^ a b Burchett 2006, section 1 (c).
  14. ^ Peterson 2006, section 3.
  15. ^ a b Reboletti 2007 (Jan), full text - p.7.
  16. ^ Shulgin 2003.
  17. ^ Chalmers 2006-05-06 (US Media).
  18. ^ a b Dujanovic 2006-11-27 (US Media).
  19. ^ a b Dujanovic 2006-11-28 (US Media).
  20. ^ a b Cardall 2006-12-12 (US Media).
  21. ^ Eckenrode 2007-03-08 (US Media).
  22. ^ a b Sanchick 2007-02-14 (US Media).
  23. ^ a b Sanchick 2007-02-15 (US Media).
  24. ^ a b Martell 2007-06-18 (US Media).
  25. ^ a b Clark 2007-03-05 (US Media).
  26. ^ a b Reboletti 2007 (Mar).
  27. ^ NBC10 2006-04-11 (US Media).
  28. ^ Smith 2007-09-25 (US Media).
  29. ^ KXMBTV 2007-01-31 (US Media).
  30. ^ Teel 2006.
  31. ^ a b c d e f MiSP 2006.
  32. ^ Nutt et al. 2007.
  33. ^ Lopez 2005, Table 2.
  34. ^ NIAAA 2001.
  35. ^ Blosser (Mazatec Lessons).
  36. ^ see peyote, iboga, virola, ayahuasca, etc.
  37. ^ see Native American Church and Uniao do Vegetal.
  38. ^ Madison 1789.
  39. ^ CCLE 2002a.
  40. ^ NDPSC 2001.
  41. ^ New Zealand National Party 2007-11-05 (NZ Media).
  42. ^ Anderton 2007.
  43. ^ Stuff 2007-10-10 (NZ Media).
  44. ^ Social Tonics Association 2007-09-15 (NZ Media).
  45. ^ Spain Govt 2004.
  46. ^ CBC 2006-07-28 (Canada Media)
  47. ^ Ainsworth 2001.
  48. ^ Worksop 2005-10-21 (UK Media).
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[edit] References

[edit] News references

[edit] UK

[edit] New Zealand

[edit] Canada

[edit] US

- related story:"In the name of God, leave salvia alone! (The Rutherford Institute's John Whitehead weighs in)", 2008-03-04. 
- Follow-up story: "Indiana's Legal High: Regulating Substance Faces Long Road", 2007-11-27. 
- related story:Tompkins, Al. "More Seeking Salvia, the Legal High (Q&A with WJLA-TV's Roberta Baskin)", The Poynter Institute, 2007-07-13. 
- newspaper's full front page (pdf) + related story link:"Herb is as potent as LSD" + WSJ reader's opinions (as published).
- see also "State lawmaker wants to regulate new hallucinogenic drug", The Boston Globe, 2006-12-29.
- and "State officials hoping to ban sale of salvia herb to minors", Portland Press Herald, 2006-12-30.
- Follow-up story: "Lawmaker Responds to Investigative Report on Dangerous Herb", 2006-11-28.
- Cardall, Duane. KSL Editorial, 2006-12-01.
- viewer feedback - asx video (save & use media player).

[edit] External links