Federal Legislation
In October of 2002, a bill was introduced to the United States Congress that proposed to place Salvia divinorum and salvinorin A in schedule 1 of the Controlled Substances Act. The bill was passed amongst various committees, but no action was taken on it. Ultimately, it died with the dissolution of the 107th Congress at the end of 2002. The author of the bill, Representative Joe Baca of California (democrat), has recently stated that he will not reintroduce the bill.
The US Drug Enforcement Administration (DEA) is presently studying Salvia divinorum and salvinorin A, and is considering whether or not they present a risk to public safety that would justify making them controlled substances (and consequently further infringing on the personal freedoms of American citizens). On July 20, 2007, I was informed that the Federal Government had recently 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:
- Its actual or relative potential for abuse.
- Scientific evidence of its pharmacological effect, if known.
- The state of current scientific knowledge regarding the drug.
- Its history and current pattern of abuse.
- The scope, duration, and significance of abuse.
- What, if any, risk there is to the public health.
- Its psychic or physiological dependence liability.
- Whether the substance is an immediate precursor of a controlled substance.
If the Attorney General determines that there is substantial evidence of potential for abuse such as to warrant control, he may initiate proceedings to make Salvia divinorum a controlled substance. This analysis will probably take several months to be completed. I will provide further updates here as more information becomes available. Given that there is no compelling evidence to suggest that Salvia divinorum presents a significant risk to public safety, I am hopeful that the Government 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.
Missouri
On January 23, 2003 the city of St. Peter's, Missouri passed an ordinance that prohibits the sale of Salvia divinorum to anyone under the age of 18. The restriction is modeled after the state's tobacco law. St. Peter's is the first, and so far only, city in the nation to restrict the sale of Salvia divinorum. The Salvia divinorum Research and Information Center has always advised that vendors not sell Salvia divinorum to minors. The Sagewisdom Salvia Shop has always maintained such a policy. We believe that such a prohibition is responsible and appropriate.
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. Curiously, the bill only mentioned Salvia divinorum, it did not mention salvinorin A. This oversight was corrected the following month with the introduction of House Bill 633, which sought to place both Salvia divinorum and salvinorin A in Schedule I. The bill 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 and salvinorin A became Schedule I substances in the state of Missouri. For documentation, go here.
Oregon
During the year 2003 two bills were introduced to the Oregon State Legislature that proposed to criminalize Salvia divinorum and salvinorin A in that state. Fortunately, 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 be punishable by a maximum of 10 years' imprisonment, a $200,000 fine, or both. Delivery would be punishable by a maximum of 20 years' imprisonment, a $300,000 fine, or both. Senate Bill 592 (introduced February 22, 2003) only proposed to make delivery a crime. If it had passed, delivery would be punishable by a maximum of one year's imprisonment, a $5,000 fine, or both.
Efforts to ban Salvia divinorum were renewed in 2007. On January 25 of that year, Representative John Lim (R) introduced House Bill 2494 to the Oregon State Legislature. If passed, this legislation would make 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.
Louisiana
On February 25, 2005 Representative Michael G. Strain (R) introduced House Bill 20 to the Louisiana State Legislature. This bill proposed to make it illegal to possess, manufacture, or distribute hallucinogenic plants that are intended for human consumption. The text of the bill includes a list of 39 plants and fungi in its definition of the term “hallucinogenic plant.” Only a few of the plants and fungi listed contain compounds that are controlled substances. Some of the plants are quite obscure, some are commonly grown as ornamentals, and some are not actually hallucinogenic. Salvia divinorum is one of the plants listed. The proposed penalty for possession would be imprisonment with or without hard labor for not more than five years and, in addition, a possible fine of up to $5,000. The proposed penalty for manufacture or distribution would be imprisonment with or without hard labor for not less than two years nor more than 10 years and, in addition, a possible fine of up to $20,000. On May 16, 2005 the bill passed in the House (yeas 98, nays 0). On June 9, 2005 the bill passed in the Senate (yeas 101, nays 0). On June 17, 2005 the bill was sent to the Governor for executive approval. Governor Kathleen Babineaux Blanco (D) signed the bill into law on June 28, 2005. The new law, called Act No. 159, went into effect on August 15, 2005 (Strain et al. 2005). Thus Louisiana became the first state in the USA to criminalize Salvia divinorum.
New York
On February 10, 2005, New York State Assembly Member Carl Heastie (D) introduced Assembly Bill 4412-A. This bill died without coming up for a vote, but if enacted, it would have made possession of Salvia divinorum a crime punishable by a $50 fine. On April 18, 2005, New York State Senator John Flanagan (R) introduced Senate Bill 4987. If enacted, this bill would amend the General Business Law to prohibit the sale of Salvia divinorum, and would subject violators to a civil penalty of up to $500. On June 6, 2005, the senate voted to pass the bill. Assemblyman Daniel O’Donnell (D) introduced an identical bill, designated Assembly Bill 11469, to the State Assembly on May 23, 2006. That bill died without coming up for a vote. Efforts to enact this legislation were renewed the following year. On January 3, 2007, Assemblyman O’Donnell reintroduced it as Assembly Bill 610. On January 8, 2007, it was reintroduced by Senators Flanagan, John DeFrancisco (R), Thomas Morahan (R), and Frank Padavan (R) as Senate Bill 695. This bill passed in the Senate and is now being considered by the State Assembly. On June 5, 2007, Assembly Member Heastie reintroduced his earlier legislation as Assembly Bill 8920.
Efforts to ban Salvia divinorum in New York Sate were renewed again in 2008. On March 18, 2008, Senator John Sampson (D) introduced Senate Bill 7188. On April 25, 2008, Senator George Mariarz (R) introduced Senate Bill 7736. Both of these bills seek to add Salvia divinorum to the State’s list of Schedule I controlled substances. Neither bill mentions salvinorin A.
A local law prohibits the possession and sale of Salvia divinorum in Suffolk County, New York. On February 5, 2008, Introductory Resolution 1038 was tabled before the Suffolk County Legislature. The resolution was sponsored by Lynne Nowick (R), Kate Browning (WF), Jack Eddington (WF), John Kennedy (R), Wayne Horsley (D), Daniel Losquadro (R), and William Lindsay (D). It passed a vote on March 18, 2008 (ayes: 17, nays: 0). On April 1, 2008, it was signed into law by Steve Levy, the county executive. The law includes penalties of up to a $1,000 fine and a year in prison.
South Carolina
On July 26, 2005, the City Council of Myrtle Beach, South Carolina, voted in favor of a resolution to ask the General Assembly for a statewide ban on S. divinorum (yeas 6, nays 0). Council members said they would consider a ban on the sale of S. divinorum in city limits.
On February 13, 2008, Representative Chip Huggins (R) introduced House Bill 4687 to the South Carolina State Legislature. If enacted, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. On April 10, 2008, the bill passed in the House (ayes: 101, nays: 4). It is now being considered by the State Senate.
Illinois
On January 19, 2006, Senator John 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 only mentions Salvia divinorum; it does not mention salvinorin A. This bill died with the dissolution of the 94th General Assembly.
Efforts to ban Salvia divinorum were renewed the following year. On January 29, 2007, Representatives Dennis Reboletti (R), Chapin Rose (R), Robert Pritchard (R), and Renee Kosel (R) introduced House Bill 0457. On February 7, 2007, Senator Millner introduced this same bill to the State Senate as Senate Bill 0226. The wording of these bills define Salvia divinorum as “meaning all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, derivative, mixture, or preparation of that plant, its seeds or extracts.” This wording is 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.
House Bill 0457 passed unanimously in the House on March 20, 2007, and in the Senate on May 22, 2007. Senate Bill 0226 passed unanimously in the Senate on March 8, 2007, and in the House on May 24, 2007. This legislation was signed into law by Governor Rod Bagojevich (D) on August 17, 2007. The new law went into effect on January 1, 2008.
Wyoming
On February 13, 2006, Representative Stephen Watt (R) introduced House Bill 0049 to the Wyoming State Legislature. This bill sought to add Salvia divinorum to that state’s list of Schedule I controlled substances. The bill only mentions Salvia divinorum; it does not mention salvinorin A. The bill died without coming up for a vote.
Tennessee
On February 15, 2006, Representative Park M. Strader (R) introduced House Bill 2909 to the Tennessee State Legislature (Strader 2006). The following day, it was adopted in the State Senate as Senate Bill 3247 (Burchett 2006). Originally, the bill proposed to make it a Class D felony offense to knowingly produce, manufacture, distribute, or possess with intent to produce, manufacture, or distribute a material, compound, mixture, or preparation intended for human consumption which contains a “hallucinogenic” plant. Previous law authorized imprisonment for a Class D felony for not less than two years nor more than 12 years. In addition, a fine not to exceed $5,000 may be assessed, unless otherwise provided by statute. This bill would have authorized a maximum fine of $20,000 for this offense. Originally, the bill also proposed to make it a Class E felony to knowingly possess a material, compound, mixture, or preparation intended for human consumption that contains a hallucinogenic plant. Previous law authorized imprisonment for a Class E felony for not less than one year nor more than six years. In addition, a jury may assess a fine not to exceed $3,000, unless otherwise provided by statute. This bill would have authorized a maximum fine of $5,000 for this offense. The bill was later amended to address Salvia divinorum specifically. The amended version classifies the knowing production, manufacture, distribution, or possession of the active chemical ingredient in the hallucinogenic plant Salvia divinorum as a Class A misdemeanor. It would not be a criminal offense to possess, plant, cultivate, grow, or harvest Salvia divinorum for aesthetic, landscaping, or decorative purposes. Also, this amendment does not apply to any dosage that is legally obtainable from a retail establishment without a prescription when it is recognized by the FDA as a homeopathic drug. On April 13, 2006, the amended version of the bill passed in the Senate (ayes 29, nays 0). It passed in the House on May 11, 2006 (ayes 96, nays 0). Governor Phil Bredesen (D) signed it into law on May 19, 2006. It was assigned Public Chapter Number 700 by the Secretary of State on May 30, 2006, and went into effect on July 1, 2006.
Oklahoma
On March 6, 2006, Representative John Nance (R) introduced House Bill 2485 to the Oklahoma State Legislature. According to that state’s Uniform Controlled Substances Act, the phrase synthetic controlled substance means “a substance, whether synthetic or naturally occurring, that is not a controlled dangerous substance, but which produces a like or similar physiological or psychological effect on the human central nervous system that currently has no accepted medical use in treatment in the United States and has a potential for abuse.” Amongst other things, Bill 2485 adds language that specifically includes enhanced, concentrated, and chemically or physically altered forms of Salvia divinorum in that definition. The bill passed in the House (ayes: 97, nays: 0) and Senate (ayes: 42, nays: 0), and was signed into law by Governor Brad Henry (D) on May 26, 2006. To read the text of this bill, go here.
Delaware
On March 16, 2006, Senator Karen E. Peterson (D) introduced Senate Bill 259 to the Delaware State Legislature. This legislation makes Salvia divinorum a Schedule I controlled substance in that state. The bill breezed through the General Assembly, and was signed into law by Governor Ruth Ann Minner (D) on May 2nd, 2006. The text of the bill only mentions Salvia divinorum. It does not mention salvinorin A, nor any other specific chemical constituents of the plant. The law has been named “Brett’s Law,” in memory of Brett Chidester, a 17-year-old salvia user who committed suicide on January 23, 2006 by intentionally poisoning himself with carbon monoxide. Although there is no clear evidence that the boy’s suicide was precipitated by his use of Salvia divinorum, his parents believe that there was some connection.
Alaska
On April 5, 2006, Senator Gene Therriault (R) introduced Senate Bill 313 to the Alaska State Legislature. This bill sought to add Salvia divinorum to Schedule IIA of that state’s list of controlled substances. The bill was amended on April 22, 2006, to include salvinorin A in the wording. The bill died in committee without floor debate. Senator Therriault renewed his efforts the following year. On January 16, 2007, he reintroduced the same legislation as Senate Bill 38. Again, the bill died in committee.
New Jersey
On April 6, 2006, Assemblywoman Linda Stender (D) of New Jersey announced that she was crafting legislation to ban Salvia divinorum in her state. On May 15, 2006, Senator Stephen Sweeney (D) introduced 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. As of October 10, 2006, neither bill has come up for a vote.
Pennsylvania
On May 2, 2006, Representatives James Casorio (D), Kevin Blaum (D), H. William Deweese (D), Scott Boyd (R), Thomas Caltagirone (D), Steven Cappelli (R), Jacqueline Crahalla (R), Tom Creighton (R), Gordon Denlinger (R), Neal Goodman (D), Richard Grucela (D), Harold James (D), Nick Kotik (D), Marie Lederer (D), Jennifer Mann (D), Joseph Markosek (D), Michael McGeehan (D), Cherelle Parker (D), Stan Saylor (R), John Siptroth (D), Edward Staback (D), Thomas Tangretti (D), Thomas Tigue (D), Katie True (R), Rosita Youngblood (D), John Pallone (D), Frank Pistella (D), Kate Harper (R), W. Curtis Thomas (D), John Sabatina, Jr. (D), Karen Beyer (R), Florindo Fabrizio (D), and Merle Phillips (R) introduced House Bill 2657 to the Pennsylvania State Legislature. This bill sought to add Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. It died in committee.
On June 16, 2006, Senators Lisa Boscola (D), Vincent Fumo (D), Wayne Fontana (D), Gerald LaValle (D), John Pippy (R), Sean Logan (D), John Rafferty (R), Constance Williams (D), Bob Regola (R), Edwin Erickson (R), and Robert Wonderling (R) introduced Senate Bill 1217. This bill sought to add Salvia divinorum to Pennsylvania’s list of Schedule I controlled substances. It does not mention salvinorin A. This bill died with the dissolution of the 2005–2006 legislative session. It was reintroduced the following year, on March 29, 2007, as Senate Bill 710, by Senators Lisa Boscola (D), Vincent Fumo (D), Gerald LaValle (D), Barry Stout (D), Michael O’Pake (D), Jane Clare Orie (R), Robert Wonderling (R), Sean Logan (D), Wayne Fontana (D), Constance Williams (D), Raphael Musto (D), Christine Tartaglione (D), John Rafferty (R), Bob Regola (R).
Maine
In November 2006 Representative Christopher Barstow (D) of Maine introduced Legislative Document 66 (HP 64) to the State Legislature. This bill is cosponsored by Senators Philip Bartlett (D), Jonathan Courtney (R), John Nutting (D), and Elizabeth Schneider (D), along with Representatives David Farrington (D), Gary Plummer (R), James Schatz (D), and Nancy Smith (D). If passed, this bill would have added Salvia divinorum to the state’s list of Schedule Z drugs and made possession a Class E crime. Trafficking or furnishing of Salvia divinorum would have become a Class D crime.
An amended version of the bill was approved in an 8 to 4 committee vote by lawmakers on the Criminal Justice Committee. The amended bill would regulate salvia in the same way tobacco products are regulated in Maine. Adults 18 and over could legally purchase and use the material. Selling or providing Salvia divinorum or salvinorin A 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, community service, or both. The amended bill passed in the House and Senate. It was signed into law by Governor John Baldacci (D) on May 15, 2007, and went into effect on September 20, 2007.
Virginia
On January 10, 2007, Assemblyman John O’Bannon, III (R) introduced House Bill 2844 to the Virginia State Legislature. This bill sought to add salvinorin A to that state’s list of Schedule I controlled substances. The text of the bill only mentioned salvinorin A. Salvia divinorum was not mentioned, but presumably the proposed law could be interpreted to apply to any part of the plant that contains salvinorin A. The bill died in committee.
Assemblyman O’Bannon renewed his efforts the following year. On January 9, 2008, he introduced House Bill 21, which specifically adds both Salvia divinorumm and salvinorin A to Virginia’s list of Schedule I controlled substances. The bill passed in the House (ayes: 98, nays: 0) on January 15, 2008. It passed in the Senate (ayes: 40, nays: 0) on February 18, 2008. It was signed into law by Governor Timothy Kain (D) on March 2, 2008. The new law goes into effect on July 1, 2008.
North Dakota
On January 15, 2007, Senator Dave Oehlke (R), Senator Randell Christmann (R), and Representative Brenda Heller (R) introduced Senate Bill 2317 to the North Dakota State Legislature. This bill sought to add Salvia divinorum to that state’s list of Schedule I controlled substances. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. The Senate Judiciary Committee corrected this oversight on April 5, 2007, by amending the bill to include salvinorin A and “any of the active ingredients” of Salvia divinorum. This wording is excessively vague, 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.
The State’s first salvia bust took place on April 7, 2008, after police allegedly found 8 ounces of dried Salvia divinorum leaves in the home of Kenneth Rau, 46, of Bismarck, North Dakota. He has been charged with possession of a controlled substance with intent to deliver—a Class A felony (prosecutors in the case noted that 8 ounces is equivalent to several hundred doses, which, from their perspective, implies intent to deliver). Officers found the leaves while serving a warrant on Rau’s adult son, who resides in the same home.
Iowa
On January 18, 2007, the Governor’s Office of Drug Control Policy introduced Senate Study Bill 1051 to the Iowa State Legislature. This bill seeks to add Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. If passed, the bill would make it a class C felony for any unauthorized person to manufacture, deliver, or possess with intent to manufacture or deliver Salvia divinorum or salvinorin A, including its counterfeit or a simulated form, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with intent to manufacture or deliver. The bill also makes it a serious misdemeanor for any unauthorized person to possess Salvia divinorum or salvinorin A. A class C felony is punishable by confinement for no more than 10 years and a fine of at least $1000 but not more than $10,000. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1875.
Utah
On January 18, 2007, Representative Paul Ray (R) introduced House Bill 190 to the Utah State Legislature. If passed, this legislation would make S. divinorum a Schedule I controlled substance in that state. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned.
California
On February 5, 2007, Assembly Member Anthony Adams (R) introduced Assembly Bill 259 to the California State Legislature (Adams 2007). If passed, this legislation would make Salvia divinorum a Schedule I controlled substance in that state. On March 12, 2007, the bill was amended to include salvinorin A. The bill was assigned to the California State Committee on Public Safety. On March 27, 2007, it was defeated by committee vote (ayes: 2, nays: 3). But a reconsideration was granted. Click here to view a copy of the letter I wrote opposing this bill (in PDF format). The Bill was amended on January 7, 2008. Instead of placing Salvia divinorum in Schedule I, the amended version would make it a misdemeanor to sell Salvia divinorum or salvinorin A to anyone under 18 years of age. I am in favor of this proposed regulation. A public hearing on the Bill (as amended) is scheduled for January 15, 2008.
Florida
On February 20, 2007, Senator Victor Crist (R) introduced Senate Bill 1718 to the Florida State Legislature. The bill was amended on April 23, 2007, to include wording that would classify salvinorin A as a Schedule I controlled substance in that state. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. This bill died in committee on May 4, 2007.
On March 3, 2008, Representative Mary Brandenburg (D) introduced House Bill 1363 to the Florida State Legislature. If enacted, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. The bill was later amended to make an exception for any FDA-approved drug product that might contain these substances. Similar legislation (Senate Bill 340 and Senate Bill 1612) was introduced in the State Senate on March 4, 2008. The two Senate bills were later combined and then substituted with House Bill 1363. The House voted in favor of the bill on April 16, 2008 (ayes: 109, nays: 4). The Senate voted in favor of the bill on April 23, 2008 (ayes: 39, nays: 0). If signed into law by Governor Charlie Crist (R), possession or sale of the drug would become a third degree felony in Florida.
Georgia
On March 1, 2007, Senator John Bulloch (R) introduced Senate Bill 295 to the Georgia State Legislature. The wording of this bill is almost identical to that of a bill previously enacted in Tennessee. If passed, this bill would make it a misdemeanor crime to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in Salvia divinorum. This law would not apply to the possession, planting, cultivation, growing, or harvesting of Salvia divinorum strictly for aesthetic, landscaping, or decorative purposes. Nor would it apply to any dosage form recognized by the FDA as a homeopathic drug.
Texas
On March 2, 2007, Representative Charles “Doc” Anderson (R) introduced House Bill 2347 to the Texas State Legislature. This bill sought to add salvinorin A and Salvia divinorum to Penalty Group 2 of the Texas Controlled Substances Act. Two more salvia-related bills were filed with the State Legislature on March 9, 2007. One of these, House Bill 3784, was introduced by Representative Tan Parker (R). That bill sought to add salvinorin A and Salvia divinorum to Penalty Group 3 of the Texas Controlled Substances Act. The other, Senate Bill 1796, was introduced by Senator Craig Estes (R). It would have made it a crime to sell Salvia divinorum to anyone younger than 18 years of age. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. The offence would be a Class C misdemeanor. This bill passed in the Senate (ayes: 31, nays: 0) on April 26, 2007. It did not come up for a vote in the House. Ultimately, all three bills died in committee.
Ohio
On May 9, 2007, Representative Thom Collier (R) introduced House Bill 215 to the Ohio State Legislature. If passed, this legislation would make Salvia divinorum a Schedule I controlled substance in that state. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned. On April 15, 2008, House lawmakers voted unanimously in favor of the bill. It has not yet come up for a vote in the Senate.
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.
Wisconsin
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. Curiously, the bill makes an exception to this prohibition for salvinorin A that is recognized by the FDA as a homeopathic drug and that may be obtained from a retail store without a prescription. The penalty for violating the prohibition is a fine not to exceed $10,000.
Alabama
On October 31, 2007, Senator Roger Bedford (D) prefiled Senate Bill 8, which proposes to add Salvia divinorum to Alabama’s list of Schedule I controlled substances. On November 28, 2007, Senator Henry “Hank” Erwin (R) prefiled Senate Bill 15, which proposes to add both Salvia divinorum and salvinorin A to that state’s list of Schedule I controlled substances. Both bills were prefiled for the 2008 Regular Session of the State Legislature. They both died in committee.
Click here to view a copy of the letter I wrote opposing Senate Bill 8 (in PDF format).
Indiana
On January 10, 2008, Representatives Suzanne Crouch (R) and Dennis Avery (D) introduced House Bill 1178 to the Indiana State Legislature. If enacted, this legislation would make Salvia divinorum, salvinorin A, and “any of the active ingredients of Salvia divinorum” Schedule I controlled substances in that state.
Nebraska
On January 10, 2008, Senators Vickie McDonald (R), Annette Dubas (D), Mike Friend (R), Steve Lathrop (D), Amanda McGill (D), Rich Pahls (R), Pete Pirsch (R), Kent Rogert (R), Arnie Stuthman (R), and Norm Wallman (D) introduced Legislative Bill 840, which proposes to add Salvia divinorum and salvinorin A to Nebraska’s list of Schedule I controlled substances. Echoing the absurdly overzealous wording of similar legislation in Illinois, this bill would apply to "all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, derivative, mixture, or preparation of such plant, its seeds, or its extracts, including salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation." If passed, possession and trafficking of Salvia divinorum (or conceivably any compound isolated from the plant, however innocuous) would be a felony punishable by up to 20 years behind bars.
Although the above legislation had not yet been enacted, on March 10, 2008, officers executed a search warrant on a shop in Lincoln, Nebraska and arrested the owner for selling Salvia divinorum. They cited State Statute 28-420, which bans the sale of any substance that can induce an intoxicated condition when the seller “knows or has reason to know that such compound is intended for use to induce such condition.” The law pertains to any substance taken for “the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual, mental or nervous processes.
Kansas
On January 22, 2008, Representative Peggy Mast (R) introduced House Bill 2650 to the Kansas State Legislature. If enacted, this legislation would make Salvia divinorum a Schedule I controlled substance in that state. The law would apply to "all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation, derivative, mixture or preparation of that plant, its seeds or extracts." The Senate Judiciary Committee introduced identical legislation (Senate Bill 481) on January 28, 2008 (Judiciary Committee 2008). The Senate voted in favor of the bill on February 20, 2008 (ayes: 40, nays: 0). The House voted in favor of the bill on March 27, 2008 (ayes: 122, nays: 1). It was signed into law by Governor Kathleen Sebelius (D) on April 24, 2008.
Michigan
On February 12, 2008, Representative Michael Sak (D) introduced House Bill 5700 to the Michigan State Legislature. If passed, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. The House voted in favor of the bill on March 3, 2008 (ayes: 106, nays: 0). It has not yet come up for a vote in the Senate.
Minnesota
On February 14, 2008, Representative Joe Atkins (D) introduced House Bill 2949 to the Minnesota State Legislature. If passed, this legislation would make Salvia divinorum a Schedule IV controlled substance in that state. The text of the bill only mentions Salvia divinorum. Salvinorin A is not mentioned.
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