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Wesley Moore
Wesley Moore

Salvia Divinorum Buy EXCLUSIVE

The legal status of Salvia divinorum in the United States varies, with 29 states (and the territory of Guam) having completely banned it and others considering proposals for banning its use.

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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,[1] 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,[2] 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. For example, Louisiana, Missouri, Tennessee, Delaware, Florida, Illinois, North Dakota, and Minnesota have so far passed laws prohibiting Salvia divinorum. Salvia divinorum remains legal in other states, however. Though some bills have died during session, the situation is subject to further change pending the outcome of more recent bills still at the proposal stage.

In some states 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.[5]

In Illinois, the wording of the legislation does not mention salvinorin A either, but instead includes "the seeds thereof, any extract from any part of that plant, and every compound, [...] derivative, mixture, or preparation of that plant".[6] 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."[citation needed]

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:

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."[7]

On March 29, 2007, Senator Hank Erwin (R) proposed Senate Bill 330, which would have made Salvia divinorum a Schedule I substance in Alabama; however, the bill died in the Senate Judiciary Committee.[25]

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.

However, in February 2009, it was reported that Alaska's Health and Social Services committee has passed (referred to the next stage Judiciary committee) Therriault's third attempt to outlaw salvia (Senate Bill 52).

"The problem with continuing to allow uncontrolled access to salvia is that the long term effects appear to be the same as other hallucinogens, such as LSD and mescaline, and that is often depression and schizophrenia," said Sen. Gene Therriault.[30]

On February 5, 2007, Assembly Member Anthony Adams (R) proposed Assembly Bill 259.[31] The bill wording was amended on March 12, 2007, to include salvinorin A. The bill proposed adding Salvia divinorum and salvinorin A to California's list of Schedule I controlled substances.

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."[35]

Salvia divinorum is a Schedule I controlled substance in the state of Florida making it illegal to buy, sell, or possess in Florida.[41] Its listing in Schedule I reads as follows: .mw-parser-output .templatequoteoverflow:hidden;margin:1em 0;padding:0 .templatequote .templatequoteciteline-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0

This reveals a certain level of incompetence or sloppyness in whoever wrote the statute since Salvia divinorum is a plant, not a chemical, and therefore cannot have isomers, esters, ethers, salts, nor salts of isomers, esters, or ethers. However, this is addressed on the next line of the statute with the listing of salvia A.

The Florida statute lists Salvia divnorum and salvia A as separate substances, thusly making possession of the plant illegal as well as the salts of isomers, esters, or ethers derived from the plant.

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.[42]

The House bill number was HB 1363. It proposed including Salvia divinorum and salvinorin A on Florida's Schedule I list of controlled substances. There were also similar Senate bills SB340, and SB1612 proposed concurrently.[43]

On March 8, 2007, Senator John Bulloch, (R-Ochlocknee), filed Senate Bill SB295,[47] 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).[48]

As of July 1, 2010, Georgia code lists salvinorin A as a dangerous drug, prohibiting its sale, distribution, and possession. The only exemption to this is the 'possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes' O.C.G.A. 16-13-72

On January 19, 2006, Senator John J. Millner (R) introduced Senate Bill 2589,[50] 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[51] 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.[6] 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."[7]

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."[52] 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.

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,"[54] and "We decided to move forward rather than waiting for someone to be killed because of it."[55]

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 50- to a life sentence. The bill has not yet been assigned to a committee.[58]

On January 18, 2008, Senate bill 481 was proposed to amend current Kansas state law to add Salvia divinorum and datura stramonium (jimson 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. 041b061a72


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