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 Salvia divinorum (yeas
6, nays 0). Council members said they would consider a ban on
the sale of Salvia 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). Ultimately, it died in committee with the
dissolution of the 2007–2008 legislative session.
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.
On October 16, 2009, the city of Worland enacted
Ordinance 780, which added Salvia divinorum and
salvinorin A to the city’s list of prohibited drugs.
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.
Seeking a more comprehensive ban, Representative David
Derby (R) introduced House Bill 3148 to the State Legislature on
February 4, 2008. This legislation would make Salvia
divinorum and salvinorin A Schedule I controlled substances
in that state. The bill passed in the House (ayes: 97, nays: 0)
and Senate (ayes: 46, nays: 0), and was signed into law by
Governor Henry on June 2, 2008. The new law, which went into
effect on November 1, 2008, makes possession a felony offense
punishable by up to 10 years in prison, with distribution
carrying a penalty of 5 years to life in prison. If that is not
draconian, I don't know what is.
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. On January 21, 2009, Senator Therriault continued his
crusade against salvia by reintroducing the same legislation
once again, as Senate Bill 52.
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. Both bills died in
committee with the dissolution of the 2006–2007 legislative
session. On January 8, 2008, Assemblywoman Stender reintroduced
the same legislation. This version is designated Assembly Bill
1323 and it adds Assemblywoman Sandra Love (D) to the previous
group of cosponsors.
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).
This bill also died in committee.
Efforts to make Salvia divinorum a Schedule I
controlled substance in Pennsylvania were renewed in 2009, with
the introduction of House Bill 559 on February 23, House Bill
1194 on April 3, and Senate Bill 769 on April 6. These bills
were sponsored by many of the same legislators who sponsored
similar bills in previous years.
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.
Vermont
In 2007 the town of Middlebury banned the sale of salvia. Two
years later the American Civil Liberties Union joined a shop
owner in suing the town, claiming that the town had overstepped
its authority.
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 found 8 ounces of dried Salvia divinorum
leaves in the home of Kenneth Rau, 46, of Bismarck, North
Dakota. Officers found the leaves while serving a warrant on
Rau’s adult son, who resides in the same home. Rau, a bottling
plant worker with an interest in herbalism, altered states,
religion, and spirituality, claims that he was unaware of the
new law when he bought the leaves for a high bid of $32 on eBay.
Prosecutors initially claimed that this quantity amounted to
hundreds of doses, and therefore charged him with possession of
a controlled substance with intent to distribute (a Class A
felony), which could have earned Rau 10 years in prison, or 20
if a school-zone charge was added on. Prosecutors later revised
their estimate of the number of doses down to only about eight
doses and dropped the intent to distribute charge. Rau pleaded
guilty to Class C felony possession of salvia. The Judge imposed
a 3-year deferred imposition of sentence. Rau will be on
supervised probation for 3 years, and the charge will be removed
from his record if he successfully completes his probation. If
he does not, the charge would stick and he would be sentenced,
and possibly imprisoned for up to 5 years.
Iowa
On January 18, 2007, the Governor’s Office of Drug Control
Policy introduced Senate Study Bill 1051 to the Iowa State
Legislature (this was replaced by Senate File 69 on January 30,
2007, by the Senate Committee on Judiciary). Identical
legislation was introduced in the House, on February 1, 2007, as
House Study Bill 133 (this was replaced by House File 491 on
February 22, 2007, by the House Committee on Judiciary). These
bills sought to add Salvia divinorum and salvinorin A to
Iowa’s list of Schedule I controlled substances. If enacted,
they 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. These bills also make 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.
The same legislation was reintroduced in 2009. First as
House File 2, which was introduced by Representative Mark Smith
(D) on January 12, 2009. Then as Senate Study Bill 1028, which
was introduced by Senators Keith Kreiman (D), Steve Warnstadt
(D), and Nancy Boettger (R) on January 14, 2009. On February 2,
2009, the House Committee on Human Resources (2009) replaced
House File 2 with House File 178. Each of these bills seek to
add Salvia divinorum and salvinorin A to Iowa’s list of
Schedule I controlled substances.
Utah
On January 18, 2007, Representative Paul Ray (R) introduced
House Bill 190 to the Utah State Legislature. If enacted, this
legislation would make Salvia divinorum a Schedule I
controlled substance in that state. Originally, the text of the
bill only mentioned Salvia divinorum, but it was amended
on February 22, 2007, to include salvinorin A. The House voted
unanimously in favor of the bill that same day, however it never
reached the floor of the Senate for a vote. Ray re-filed the
proposed legislation during the next legislative session, on
January 9, 2008, as House Bill 260. The bill died in committee.
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 the original
version of 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 the sale or distribution of Salvia
divinorum or salvinorin A, or any substance or material
containing Salvia divinorum or salvinorin A, to any
person under 18 years of age a misdemeanor, punishable by
imprisonment in a county jail for not more than 6 months, by a
fine of no more than $1,000, or both. The amended version passed
unanimously in the Assembly on January 29, 2008 (Ayes: 76, Nays:
0). It passed in the Senate on July 2, 2008 (ayes: 23, nays: 5).
Governor Arnold Schwarzenegger (R) signed the bill into law on
July 22, 2008. It went into effect on January 1, 2009.
Florida
On February 20, 2007, Senator Victor Crist (R) introduced Senate
Bill 1718 to the Florida State Legislature. It sought to make
Salvia divinorum a Schedule I controlled substance in that
state. The bill was amended on April 23, 2007, to include
salvinorin A (originally, the text only mentioned Salvia
divinorum). 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.
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). On May 28, 2008, Governor
Charlie Crist (R) signed the bill into law, thereby making
possession or sale of these substances a third degree felony
punishable by up to 5 years in prison. The new law goes into
effect July 1, 2008.
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.
State lawmakers renewed their efforts to regulate salvia
the following year. On November 10, 2008, Representative
Anderson introduced House Bill 126. This bill seeks to add
S. divinorum and salvinorin A to Penalty Group 3 of the
Texas Controlled Substances Act. Interestingly, it specifically
excludes unharvested Salvia divinorum growing in its
natural state. That same day, Senator Estes reintroduced his
previous bill, now designated Senate Bill 257, which, if
enacted, would make it a misdemeanor to sell or deliver
Salvia divinorum or salvinorin A to minors. A companion
bill, House Bill 839, was introduced by Representative Armando
Martinez on January 29, 2009. Senate Bill 257 was amended in
committee to include salvinorin A. The amended version was
approved by the Senate on April 2, 2009 (ayes: 31, nays: 0).
Ohio
On May 9, 2007, Representative Thom Collier (R) introduced House
Bill 215 to the Ohio State Legislature. This legislation would
make Salvia divinorum a Schedule I controlled substance
in that state. The bill was later amended to include salvinorin
A. The sponsor of the bill was prompted by the killing of a
Loudonville boy by a friend who had a history of using salvia.
But even he, Collier, has admitted that there is no evidence
that salvia use was directly involved in the killing. On April
15, 2008, House lawmakers voted unanimously in favor of the
bill. On December 16, 2008, Senate legislators did the same.
Governor Ted Strickland (D) signed it into law on January 6,
2009. It goes into effect on April 7, 2009.
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. On January 28, 2009, Boston
City Councilor Rob Consalvo proposed an ordinance that would
make it illegal to sell or possess Salvia divinorum in
Boston. Violators would be levied a $300 fine. The City Council
is expected to vote on the matter in mid-February.
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. The bill died in committee. This
legislation was reintroduced during the next legislative session
as Assembly Bill 186. It was introduced on April 2, 2009, by
Representative Cullen, together with Representatives Tony
Staskunas (D), Jon Richards (D), Scott Gunderson (R), Terese
Berceau (D), Stephen Nass (R), Joel Kleefisch (R), Garey Bies
(R), and Richard Spanbauer (R). The bill was cosponsored by
Senators Jeffrey Plale (D), Lena Taylor (D), and John Lehman
(D).
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).
Efforts to ban salvia in Alabama were renewed in 2009.
On February 3, 2009, Senator Erwin introduced Senate Bill 42,
which again proposes to add both Salvia divinorum and
salvinorin A to that state’s list of Schedule I controlled
substances. Identical legislation was introduced in the House on
February 12, 2009, when Representatives Laura Hall (D), Mac
McCutcheon (R), Randy Hinshaw (D), Butch Taylor (D), Mike Ball
(R), and Howard Sanderford (R) introduced House Bill 475.
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. Under the bill, manufacturing or selling salvia
would be a Class B felony with a penalty of 6 to 20 years;
selling it to anyone under 18 years of age would be a Class A
felony punishable by 20 to 50 years.
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. This bill died in committee.
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."
The case went to court and the shop owner was acquitted.
Although he admitted selling the herb, his lawyer argued that
the state had failed to show it was a dangerous narcotic, and
the jury agreed.
Legislative Bill 840 was resurrected the following year
as Legislative Bill 123. This bill was introduced on January 9,
2009, by several of the same Senators (Dubas, Friend, McGill,
Pirsch, Rogert, Wallman), plus Senators Russ Karpisek (D), Mark
Christensen (R), and Colby Coash (R). On February 20, 2009,
lawmakers voted in favor of the bill. Governor Dave Heineman (R)
signed it into law on February 26, 2009. The new law will go
into effect in September 2009.
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.
Maryland
On January 28, 2008, Councilwoman Belinda Conaway (D), together
with several cosponsors (all Democrats), introduced Bill No.
08-0032 and Bill No. 08-0006R to the Baltimore City Council.
These bills sought to prohibit the sale, possession, and use of
salvia, but they never made it out of committee. According to an
article in the Baltimore Examiner, Conaway said she
wasn’t aware of a problem in Baltimore City, but she wanted “to
be on the front end.” Other Maryland officials said they did not
see salvia use as a widespread problem.
On January 14, 2009, Delegates Jeannie Haddaway (R) and
Adelaide Eckardt (R) introduced House Bill 8 to the State
Legislature. Senate Bill 9 was introduced that same day by
Senator Richard Colburn (R). Both of these bills seek to add
Salvia divinorum to Maryland’s list of Schedule I
controlled substances. Neither bill makes any mention of
salvinorin A. That oversight was corrected soon after. On
January 28, 2009, Senator Lisa Gladden (D) introduced Senate
Bill 317. On February 13, 2009, Delegates James Mathias (D),
Rudolph Cane (D), Norman Conway (D), and David Rudolph (D)
introduced House Bill 1261. These bills sought to add both
Salvia divinorum and salvinorin A to Maryland’s list of
Schedule I controlled substances. Dr. Roland Griffiths and Dr.
Matthew Johnson of Johns Hopkins University School of Medicine
presented testimony opposing these bills. Click
here
to view those documents. All of these bills died in committee.
Unwilling to wait for a statewide ban, the Ocean City
Council approved an ordinance on August 3, 2009, making
possession and sale of Salvia divinorum a misdemeanor
with a possible penalty of 6 months in jail and a $1000 fine.
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 Joseph Atkins (D)
introduced House Bill 2949 to the Minnesota State Legislature. A
companion bill (Senate Bill 2668) was introduced the same day by
Senator Steve Murphy (D). 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. These two bills
died with the dissolution of the 85th legislative session.
On February 2, 2009, Representatives Morrie Lanning (R),
Steve Smith (R), Joe Atkins (D), Paul Marquart (D), and Tony
Cornish (R) introduced House Bill 484. A companion bill (Senate
Bill 569) was introduced in the Senate on February 12, 2009, by
Senators Bill Ingebrigtsen (R), Julie Rosen (R), Joe Gimse (R),
and David Hann (R). If enacted, this legislation would make
Salvia divinorum a Schedule I controlled substance. The
text of these bills only mention Salvia divinorum;
salvinorin A is not mentioned.
On March 5, 2009, Representatives Debra Hilstrom (D),
Dave Olin (D), Karla Bigham (D), Patti Fritz (D), Sheldon
Johnson (D), and David Bly (D) introduced House Bill 1301. This
public safety policy bill was amended on April 20, 2009, to
include a section that would make possession or sale of
Salvia divinorum a crime (possession would be a
misdemeanor, sale would be a gross misdemeanor). House members
voted unanimously in favor of the bill that same day. It has not
yet come up for a vote in the Senate. If enacted, the new law
would go into effect on August 1, 2009. The text of the bill
only mention Salvia divinorum; salvinorin A is not
mentioned.
Hawaii
On January 22, 2007, Senator Colleen Hanabusa (D) introduced
Senate Bill 1487 to the Hawaii State Legislature. Its stated
purpose was to make Hawaii’s controlled substance laws
consistent with that of federal law. The House Committee on
Health amended the bill in March 2008 with wording that would
have included Salvia divinorum and salvinorin A in
Schedule I of the State’s list of controlled substances.
Fortunately, the House Committee on Judiciary removed this
wording in a later amendment.
On January 15, 2008, Representatives Barbara Marumoto
(R), Cindy Evans (D), Ken Ito (D), Blake Oshiro (D), Tommy
Waters (D), Ryan Yamane (D), and Kyle Yamashita (D) introduced
House Bill 2179 to the State Legislature. Its sole purpose is to
make Salvia divinorum and salvinorin A Schedule I
controlled substances in Hawaii. This bill died in committee.
On January 26, 2009, Senators Will Espero (D), Kalani
English (D), Gary Hooser (D), Robert Bunda (D), Brickwood
Galuteria (D), and Michelle Kidani (D) introduced Senate Bill
1058. This bill seeks to establish a temporary task force to
review the effects of Salvia divinorum and salvinorin
A, and recommend appropriate legislation.
On January 27, 2009, Representatives Marumoto (R), Lynn
Finnegan (R), Ken Ito (D), Jon Karamatsu (D), Sylvia Luke (D),
John Mizuno (D), Clift Tsuji (D), Glenn Wakai (D), Henry Aquino
(D), and Isaac Choy (D) introduced House Bill 1334 and House
Bill 1335. The first seeks to make Salvia divinorum and
salvinorin A Schedule V controlled substances. The second would
prohibit the sale of Salvia divinorum and any of its
by-products, including salvinorin A, to minors under the age of
18, and require those who sell these products to include warning
labels informing consumers of possible side effects.
On August 7, 2009, the Administrator of the Narcotics
Enforcement Division of the Department of Public Safety issued a
Notice of Emergency Controlled Substance Scheduling Action. This
action made Salvia divinorum and salvinorin A Schedule
I controlled substances in Hawaii on a temporary basis, the
maximum duration of which is unspecified in the notice. It went
into effect on August 15, 2009.
Mississippi
On January 29, 2008, Senator Hob Bryan (D) introduced Senate
Bill 2456 to the Mississippi State Legislature. This bill would
make Salvia divinorum a Schedule I controlled substance
in that state. The text only mentions Salvia divinorum;
it does not mention salvinorin A. The Senate voted in favor of
the bill on February 27, 2008 (ayes: 52, nays: 0). The House
voted in favor of the bill on March 18, 2008 (ayes: 118, nays:
0). On April 15, 2008, Governor Haley Barbour (R) signed the
bill into law. The new law went into effect July 1, 2008.
South Dakota
On April 1, 2008, the town of Deadwood, South Dakota adopted
City Ordinance 1100. This ordinance makes it unlawful for anyone
to sell, provide, or otherwise transfer salvia to a minor. It
also makes it unlawful for minors to purchase, possess, or use
salvia. The law applies to Salvia divinorum, salvinorin
A, and any derivative of the foregoing. Violator would be
subject to penalties up to the maximums prescribed for Class 2
Misdemeanors under South Dakota State Law.
On January 20, 2009, Representatives Charles Turbiville
(R), Susy Blake (D), Joni Cutler (R), Richard Engels (D), Mark
Kirkeby (R), Larry Lucas (D), Nick Moser (R), Steve Street (D),
and Mike Verchio (R), and Senators Kathy Miles (D), Gene
Abdallah (R), Jim Hundstad (D), Ryan Maher (D), and Tom Nelson
(R) introduced House Bill 1090 to the South Dakota State
Legislature. This bill would prohibit possession of Salvia
divinorum and “declare an emergency,” meaning it would go
into effect immediately if the House and Senate pass it and the
Governor signs it into law. Originally it sought to make
Salvia divinorum and salvinorin A Schedule I controlled
substances, but it was later amended to simply make possession
of Salvia divinorum a crime, without placing it in a
specific schedule. This legislation would make possession of 2
ounces of Salvia divinorum or less a Class 1
misdemeanor, carrying a maximum penalty of 1 year in jail and a
$2000 fine; possession of more than 2 ounces would be a Class 6
felony, with a maximum penalty of 2 years in prison and a $4000
fine. The House voted in favor of the bill on February 2, 2009
(ayes: 67, nays: 2). The bill was then amended in the Senate to
once again include salvinorin A. The Senate voted in favor of
the amended bill on March 2, 2009 (ayes: 34, nays: 0). The
amended version was sent back to the House for approval. On
March 4, 2009, they voted in favor of the amended bill (ayes:
61, nays: 7). The bill was signed into law by Governor Marion
Michael Rounds (R) on March 11, 2009, and became immediately
effective.
Kentucky
On February 3, 2009, Representatives Will Coursey (D), Greg
Stumbo (D), and Jody Richards (D) introduced House Bill 228 to
the Kentucky State Legislature. This bill would make Salvia
divinorum and salvinorin A Schedule I controlled substances
in that state. In an effort to prevent stockpiling by
individuals for future use, it would declare an emergency,
meaning that the law would go into effect immediately upon its
passage and approval by the Governor or upon its otherwise
becoming a law. The House voted in favor of the bill on February
24, 2009 (ayes: 99, nays: 0). It has not yet come up for a vote
in the Senate.
North Carolina
On February 11, 2009, Senators William Purcell (D), Stan Bingham
(R), Katie Dorsett (D), John Snow (D), and David Weinstein (D)
introduced Senate Bill 138 to the North Carolina State
Legislature. Originally, this bill sought to make Salvia
divinorum and salvinorin A Schedule I controlled substances
in that state. It was later amended to make possession of salvia
an infraction, a minor crime punishable by a maximum $25 fine. A
third possession offense would be charged as a misdemeanor.
There are no separate penalties for manufacturing or sales. The
bill includes two exemptions. One permits growing the plant for
aesthetic, landscaping, or decorative purposes; the other allows
for university-affiliated medical or pharmacological research.
The amended version passed the Senate unanimously on May 14,
2009 (ayes: 45, nays: 0). The House approved the measure on
August 5, 2009 (ayes: 96, nays: 15). Governor Beverly Perdue (D)
signed it into law on August 28, 2009. The new law will go into
effect on December 1, 2009.
Arizona
On February 5, 2009, Representatives Eric Meyer (D), Ray Barnes
(R), Matt Heinz (D), Rae Waters (D), Cecil Ash (R), Rich
Crandall (R), Adam Driggs (R), Steve Montenegro (R), and Michele
Reagan (R) introduced House Bill 2520 to the Arizona State
Legislature. If enacted, this bill would make it a crime to
provide Salvia divinorum or salvinorin A to anyone
under 21 years of age. Violators would be guilty of a Class 2
misdemeanor. The bill died in committee.
New Mexico
On January 21, 2009, Representative W. Ken Martinez (D)
introduced House Bill 144 to the New Mexico State Legislature.
Initially, this legislation sought to make Salvia divinorum
and salvinorin A Schedule I controlled substances; however, it
was later amended to only prohibit procurement by, and sale or
distribution to, persons under 18 years of age. The amended
version only mentions Salvia divinorum; it does not
mention salvinorin A. House members voted unanimously in favor
of the bill on March 12, 2009 (ayes: 58, nays: 0). If enacted,
violators would be guilty of a misdemeanor. This bill died in
committee.
On March 4, 2009, representative Keith Gardner
introduced House Memorial 72 to the State Legislature. This
House-approved proposal requested the Board of Pharmacy to study
the use and abuse of Salvia divinorum in New Mexico and
determine if the substance has any recognized medical use. It
required the board to report its findings and recommendations to
the appropriate interim legislative committee no later than
October 2009.
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