Wednesday, December 15, 2010

Salvia and the law


In the few years, the increased use of salvia by young people has caught the eye of both law enforcement and health professionals. Research shows that salvia does contain potent chemicals like salvinorin which has the ability to induce mind altering effects leading to psychosis. In the laboratory, even very small amounts of this chemical can lead to severe side effects.

In America, the use of salvia is not federally regulated nor is the plant banned in all States. There have been motions put forward in many states to ban the use of salvia and certain states have banned the sell, consumption or distribution of salvia. Restrictions on personal use and possession are being placed in many states including New York, California, Florida, Delaware, Louisiana, and Missouri etc. 

Some states like Delaware, Louisiana and Missouri have placed Salvia as a Schedule 1 drug. This means that under the Controlled Substances Act, Salvia has:

- High potential for abuse
- No currently accepted medical use in treatment in the United States
- Has no medical purpose, even under supervision

In the state of Oklahoma, the plant is recognized as a hallucinogen but growth of this plant for landscaping is not a crime. However, use of Salvia for personal consumption is classified as a Class A misdemeanor in most states. Other states are still grappling with the complexity of the plant and do not know clearly know what to ban and what is illegal about salvia. Some states ban the plant leaves but allow the potent seed extract to be legal. On the DEA website, it says Salvia Divinorum will soon be evaluated and Federal recommendations will be made.

Unlike marijuana or opium, Salvia has nothing distinctive about its flowers or the plant itself. The plant has no smell, looks and grows like an ordinary house plant. For law enforcement, this is going to be a challenge. Making it illegal is one thing, finding out who is growing it and where will be quite another headache.

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