Hysteria over salvia divinorum, the fast-acting, short-lived psychedelic member of the mint family, continued in state legislatures this year. Although after five years, the DEA has not found a reason to add salvia to the federal list of controlled substances, that hasn't stopped state legislators from trying. This year, four more states joined the list of those that have criminalized it, while bills to do the same were introduced in seven others.
Salvia Bills That Passed
Nebraska: Salvia Divinorum became a Schedule I controlled substance in February, after LB 123 passed the unicameral legislature on a 44-0 vote that same month. The governor quickly signed the bill.
North Carolina: A bill to prohibit the use, possession, sale, or manufacture of Salvia Divinorum, SB 138, passed the House on a 45-0 vote in May and the Senate on a 96-15 vote in August. It was signed into law that same month and went into effect December 1.
Ohio: Salvia Divinorum became a Schedule I controlled substance in April, 90 days after Gov. Ted Strickland (D) signed a bill banning the plant that passed the legislature late last year.
South Dakota: Possession of less than six ounces of salvia divinorum became a misdemeanor and possession of more became a felony after HB 1090 passed the House 67-2 and the Senate 34-0 in February. Gov. Mike Round (R) signed the "emergency" legislation in March, and it went into effect immediately. Curiously, the bill does not criminalize salvia sales.
Salvia Bills That Did Not or Have Not Passed
Alabama: A bill to make Salvia Divinorum a Schedule I controlled substance, HB 475, was introduced in February. It was assigned to the Judiciary Committee, where it has been sitting since May.
Kentucky: A bill to make Salvia Divinorum a Schedule I controlled substance, HB 228, passed the House on a 99-0 vote in February and was referred to the Senate Judiciary Committee, where no action has since occurred.
Maryland: A bill to make Salvia Divinorum a Schedule I controlled substance, HB 8, died in March after being reported unfavorably out of the House Judiciary Committee. A companion bill, SB 9, died without any action being taken.
Michigan: A bill to make Salvia Divinorum a Schedule I controlled substance, HB 4849, was introduced in April, referred to the Committee on Health Policy and promptly went nowhere. Its companion measure, SB 570, met a similar fate.
New Jersey: SB 2436 and its companion measure, AB 1323, would make Salvia Divinorum a Schedule I controlled substance. Both were both introduced at the end of 2008 for the 2009-2010 legislative session, and neither has gone anywhere.
Pennsylvania: A bill to make Salvia Divinorum a Schedule I controlled substance, SB 769, was introduced and referred to the Senate Judiciary Committee in April. It hasn't moved since. A companion measure, HB 2037, was introduced in October and sits before the House Judiciary Committee.
Texas: A bill that would make it a crime to provide Salvia Divinorum to minors, SB 257, was introduced last November. It was passed by the Senate Judiciary Committee on a 30-1 vote in April. In the House, the bill was approved by the Criminal Jurisprudence Committee in May, and has done nothing since. Another bill, HB 126, which would make Salvia a controlled substance in Penalty Group III (along with LSD and pentobarbital, among others), was introduced last November, referred to the House Criminal Jurisprudence Committee in February, and allowed to die there in March.