Ohio: Collier plans to pursue legislation criminalizing Salvia Divinorum

[Euphoric]

Thursday, November 08, 2007

MOUNT VERNON — State Rep. Thom Collier said he plans to continue to pursue passage of legislation that would criminalize Salvia Divinorum, a legally available hallucinogenic herb. According to Collier’s bill, Salvia would become a Schedule I controlled substance in Ohio. It would be in the same category as marijuana, LSD, Ecstacy and heroin.



“We are hearing from more and more people who have concerns about it,” said Collier.



According to the Drug Enforcement Agency, Salvia Divinorum is a perennial herb in the mint family, native to certain areas of the Sierra Mazateca region of Oaxaca, Mexico. Oaxaca is located at the southern and narrowest part of Mexico, between the Gulf of Mexico and the Pacific Ocean.



Divinorum can grow to over 3 feet in height, with large, green leaves and highly decorative white flowers. It grows successfully outside of its native region. Effects of the drug have been reported to last anywhere between a few minutes to an hour at the most.



“I think it’s the hallucinogenic high that occurs more [with Salvia] than the minor high as with other herbs that leads some to [act more uncontrollable],” said Collier.



The DEA states that the active ingredient of Salvia Divinorum is a compound identified as Salvinorin A, also called Divinorin A; this compound is believed to be the chemical responsible for the hallucinogenic effects of the plant. According to Daniel Siebert, the enthobiologist who was first credited for identifying the active ingredient, Salvia has never proven to be toxic or addictive.



“There is very little evidence that Salvia does any harm,” said Siebert. “I understand that people are basically scared because they don’t know what it is or what it might be, but there’s been a lot of inaccurate reporting about Salvia.”



The U.S. Congress introduced a bill similar to Collier’s in October 2002 that proposed to place Salvia Divinorum and its active ingredient, Salvinorin A, on the Controlled Substances Act. Although it passed through various committees, the bill died before reaching a vote in the House.



According to Collier, whose bill currently is with the Criminal Justice Committee, there are no further scheduled hearings on the matter, and some analysts report it is likely to meet a similar fate as the 2002 congressional bill. A notable difference between Collier’s proposal and that of Congress’ is that Collier’s bill does not actually include the criminalization of Salvinorin A, the active ingredient.



At present, the DEA is conducting its own study to determine whether Salvia presents a risk to public safety. The Controlled Substances Act requires that the agency conduct an eight-part analysis before any drug or herb can be added to the banned list. Some of those criteria include whether or not there is actual or potential for abuse, a historical pattern for abuse, and if the drug actually poses a public health risk. According to Siebert’s research, there has never been a reported death by overdose of Salvia.



In a letter to Congress in 2002, Siebert said Salvia did not present a risk to public health or safety.



“Criminalizing it would only serve to create a problem where one did not previously exist,” said Siebert. “I do think some regulation would be appropriate but there are an awful lot of things in the world that can be harmful to people. You could make the same story with alcohol or firearms and show how the reckless use of those would lead someone to think it should be prohibited.”



For now, parties on both sides of the issue await the results of the DEA study, which has yet to be scheduled for completion or release. If passed, Ohio will join Illinois, Louisiana, Missouri, Tennessee, Oklahoma, Delaware, Maine and North Dakota as the only states in the nation that have prohibited possession of Salvia.



Still, there are exceptions to the laws already enacted. In Louisiana and Oklahoma, it is still legal to possess the plant as long it is not intended for human consumption. In Maine, possession is only prohibited by minors.
Collier said he is confident the DEA will add the herb to the controlled substances list.



“I suspect they will find reason to have concern over this herb,” said Collier. “I think the more we become aware of it, the more people will want to do something about it. We’re still working on it.”

http://www.mountvernonnews.com/local/07/11/08/02.html

[bcubed]

First off, props for bothering to include Siebert in the article...the first time I've seen that.

Still, there are exceptions to the laws already enacted. In Louisiana and Oklahoma, it is still legal to possess the plant as long it is not intended for human consumption.

SWIM does a bit of travelling...does this mean that, "Honest, officer, I never meant to consume this...within the state of Oklahoma" constitute a defense?

[Jeer]

Swim hates how the US government, along with many other governments, ban psychoatives that are not nearly as harmful or dangerous as alcohol. Swim just doesn't get it...