Where is salvia divinorum illegal




















As mentioned above, the plant is still used in the Mazatec tradition as a spiritual aid and it grows wild in the Sierra Mazateca mountain range in the state of Oaxaca. The plant has a long history in Southern Mexico and is not banned or regulated by the Mexican government.

When used for traditional purposes, most Salvia divinorum is foraged in the wild, not bought and sold. Although, it may be possible to buy salvia leaves from markets and other vendors.

Although salvia is legal in many countries, the plant is sold in a variety of different ways. In many countries, psychoactive salvia may be extremely difficult to come by, as the market for the natural hallucinogen is still relatively small and the plant is not heavily exported as a consumer good. Other plants, like cannabis and tobacco, are far more likely to dominate recreational plant markets.

In the United States, salvia can be purchased in smoke shops in states where the plant is legal. Salvia can also be purchased and sold online and shipped to your home. Buying salvia online, however, can come with its own share of risks. Buying salvia can be a tricky process—the herb is largely unregulated in most places where it is legal, making it difficult to ensure the safety and integrity of salvia products. In Mexico, the herb can be foraged in the wild.

But, in other parts of the world, salvia comes from small to medium-scale cultivators. The odd nursery in legal U. Most nurseries and garden centers stock many different types of salvia, but divinorum is not often one of them. Some small businesses also ship salvia plants and seeds to legal U.

If a supplier offers to ship plants or seeds to a region that outlaws the plant, consider it risky. Dried salvia is one of the most common ways to purchase the plant. Dried salvia looks a lot like any dried spice; little flecks of green leaves. But, given the gray legal status of salvia in most Western countries, buying dried salvia from a gas station or head shop can be a risky task.

If you are legally able to purchase salvia in your own state or country, it is recommended to research local vendors first. Some important questions to ask your vendor include:. Read: Why are Shrooms Illegal? Salvia extracts contain concentrated Salvinorin A, the primary psychoactive terpene in the plant.

House members voted unanimously in favor of the bill on March 12, ayes: 58, nays: 0. If enacted, violators would be guilty of a misdemeanor. 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 On June 6, , the senate voted to pass the bill.

That bill died without coming up for a vote. Efforts to enact this legislation were renewed the following year. This bill passed in the Senate and is now being considered by the State Assembly. Efforts to ban Salvia divinorum in New York Sate were renewed again in Neither bill mentions salvinorin A. It passed a vote on March 18, ayes: 17, nays: 0. On April 1, , it was signed into law by Steve Levy, the county executive. 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, ayes: 45, nays: 0. The House approved the measure on August 5, ayes: 96, nays: Governor Beverly Perdue D signed it into law on August 28, The new law will go into effect on December 1, 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, ayes: 47, nays: 0. It passed in the House on March 16, ayes: 83, nays: 6. The new law went into effect on August 1, 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.

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, , House lawmakers voted unanimously in favor of the bill. On December 16, , Senate legislators did the same. Governor Ted Strickland D signed it into law on January 6, It goes into effect on April 7, 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, To read the text of this bill, go here. 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, The new law, which went into effect on November 1, , 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. Oregon During the year 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 introduced March 15, sought to impose particularly severe penalties.

Senate Bill introduced February 22, only proposed to make delivery a crime. Efforts to ban Salvia divinorum were renewed in It died in committee. It does not mention salvinorin A. This bill also died in committee. These bills were sponsored by many of the same legislators who sponsored similar bills in previous years. None of these bills reached the Governor's desk.

Efforts to make Salvia divinorum a Schedule I controlled substance in Pennsylvania were renewed again in , with an amendment to House Bill on September 27, the original version of the Bill was introduced August 2, It passed in the House on September 29, ayes: , nays: 1 , but then died in the Senate Judiciary Committee. Like many of its predecessors, this bill would make Salvia divinorum and salvinorin A Schedule I controlled substances.

The Senate voted in favor of the bill on June 15, ayes: 50, nays: 0. On June 13, , the bill passed in the House ayes: , nays: 0. Governor Tom Corbett R signed it into law on June 23, The new law goes into effect 60 days later, on August 22, Council members said they would consider a ban on the sale of Salvia divinorum in city limits.

If enacted, this legislation would make Salvia divinorum and salvinorin A Schedule I controlled substances in that state. On April 10, , the bill passed in the House ayes: , nays: 4. Ultimately, it died in committee with the dissolution of the — legislative session. 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.

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.

The House voted in favor of the bill on February 2, 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, ayes: 34, nays: 0.

The amended version was sent back to the House for approval. On March 4, , they voted in favor of the amended bill ayes: 61, nays: 7. Previous law authorized imprisonment for a Class D felony for not less than two years nor more than 12 years. 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.

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, , the amended version of the bill passed in the Senate ayes 29, nays 0. It passed in the House on May 11, ayes 96, nays 0. Governor Phil Bredesen D signed it into law on May 19, Two more salvia-related bills were filed with the State Legislature on March 9, It would have made it a crime to sell Salvia divinorum to anyone younger than 18 years of age.

The offence would be a Class C misdemeanor. This bill passed in the Senate ayes: 31, nays: 0 on April 26, It did not come up for a vote in the House.

Human psychopharmacology and dose-effects of salvinorin A, a kappa opioid agonist hallucinogen present in the plant Salvia divinorum. Drug Alcohol Depend. Salvia divinorum: Effects and use among YouTube users. National Institute on Drug Abuse for Teens. Your Privacy Rights. To change or withdraw your consent choices for VerywellMind.

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We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Table of Contents View All. Table of Contents. What Does Salvia Do? Common Side Effects. Signs of Use. Addiction and Withdrawal. How to Get Help. How to Recognize Salvia Salvia has large, spade-shaped green leaves that look similar to mint.

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