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Salvia Divinorum: Massachusetts Ban Passes House

Submitted by Phillip Smith on (Issue #555)
Drug War Issues

A bill that would add salvia divinorum to the Bay State's list of controlled substances has passed out of the Massachusetts House of Representatives. HB 4434 passed the House on September 29 and now heads for the state Senate.

salvia leaves
Supporters of the ban, led by Rep. Viriato Manuel deMacedo (R-Plymouth), who cosponsored the bill, said salvia is a dangerous, mild-altering drug. They cited the infamous Youtube videos of young people under the influence of the plant, as well as recent national survey data suggesting that use is on the rise.

Salvia has no known toxic level and produces a fast-acting, short-lived high. It has been used in traditional shamanism in Mexico, where it originated, for hundreds, if not thousands, of years. According to the Salvia Divinorum Research and Information Center, the herb has been used in divination, healing, meditation, and for exploration of consciousness.

If the Massachusetts salvia ban passes into law, Massachusetts would become at least the ninth state to outlaw the herb. Another handful of states have restricted its sales without an outright ban.

The Massachusetts bill also includes a provision adding blunt wrapping papers and glass rose pipes to the state's list of items deemed drug paraphernalia.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Anonymous (not verified)

This article is inaccurate. On Sep. 29, the bill got the preliminary approval of the House, but it still has to get through one committee and a third reading by the House.

Also, the bill has been amended to include ONLY listing Salvia divinorum and salvinorin A as class C substances.

This can all be found on the Massachusetts governmental website if you look at the history of the House Bil 4434, as well as the House Journal for Sep. 29, 2008.

Fri, 10/10/2008 - 12:22pm Permalink
Anonymous (not verified)

We all need to watch our own states less they jump in. All it is is to send more people to prison as prisons make money. Doesn't even the bible say that "The love of money is the root of all evil? Politicians love money

Fri, 10/10/2008 - 2:40pm Permalink
Anonymous (not verified)

Since the usually stated intent of drug laws is to protect the public from the dangers associated with drug use, I'm at a loss to understand why Salvia is being banned in so many places. There are no records of deaths, injuries, overdoses, hospital admissions, or auto accidents on which to base any claims that Salvia poses a threat or a danger to anyone.

Just a bunch of you-tube video clips of wasted kids stumbling around their living rooms, and a horde of scared parents viewing them and grossly over-reacting, as usual. Add to that a crop of politicians looking to exploit the issue so as to look "tough on drugs", and the original reasons for drug laws just disappear into the ether.

So that now a drug doesn't have to pose an actual, tangible threat to be banned, it just has to have THE POTENTIAL to pose one. Just another one to add to the category of "thought crimes".

Fri, 10/10/2008 - 8:47pm Permalink
Anonymous (not verified)

What if we all attempted to push drug warriors to back re-instating alcohol prohibition? It would force them to explain why a drug with known toxicity, behaviour problems and links to criminality should remain legal. Especially with the kind of police state we have now we could claim it would be more successful. Of course it would be massively unpopular and have no chance of actually becoming law but it would force them to justify prohibition of other substances.

Sun, 10/12/2008 - 3:38pm Permalink
Anonymous (not verified)

To make salvia illegal would give one more serious evidence that politicians do not care at all of the health of the citizens. There are many evidences that salvia divinorum can have many benefits for the health, and there are simply no serious evidences for any serious bad consequences, except bruises or nightmares when consumed by irresponsible teenagers in unreasonable circumstances. Yet climbing a tree, or driving a bike is far more dangerous. To ban the divine sage plant would publicize it to those unfortunate teenagers, preventing the spiritual or medicinal responsible adult uses. Prohibition would (again) be far more harmful than thoughtful regulation.

Sun, 10/12/2008 - 3:52pm Permalink
Brinna (not verified)

I liked the comment above about forcing the powers to be to defend alcohol by demanding a return to prohibition. I was thinking along the same lines vis-a-vis tobacco. How about a mass movement demanding that tobacco companies immediately replace tobacco in their cigarettes with cannabis -- known to be anti-carcinogenic, and non-addictive, not mention all of its anti-oxidant, neuroprotective and anti-inflammation properties. It would be fun to see 'them' try to defend the status-quo. Whatever 'they' would say, we would just answer: "Save 400,000 lives each year". I mean, what is worse than a miserable death?

"It sends the wrong message to the children" "Save 400,000 lives each year"
"It will make you lazy." "Save 400,000 lives each year"
"What about people who might drive stoned?" "Save 400,000 lives each year"
"It can cause early onset of schizophrenia!" "Save 400,000 lives each year"

A mandated switch to cannabis won't happen (rats), but a movement like that would turn the tables on those who continue to make unsubstantiated, and largely unchallenged statements about the harms of cannabis, and require them to defend the undefendable.

Mon, 10/13/2008 - 1:14am Permalink
Anonymous (not verified)

I would like everyone to please consider opposing the criminalization of Salvia Divinorum. There are certain legislators in America who are in a big hurry to see that this plant is banned, but is this really the right decision for Americans? If Salvia Divinorum is truly gaining popularity, are traditional drug laws the most efficient way to deal with the situation? The legislators against Salvia Divinorum may encourage you to search the Internet's plethora of fear-mongering articles on the subject, which have undoubtedly made for some provocative media. These legislators may even ask you to watch some YouTube clips of youngsters who were brazen enough to upload videos of themselves using Salvia Divinorum. But before we are asked to make this plant illegal because of a few eccentric teen-agers' filming ventures, let us ask a few valid questions about Salvia Divinorum. Could it not be that the evidence of Salvia Divinorum's "dangers" is circumstantial, and Salvia is actually no more of a cause for alarm than other legal substances? Do those in favor of banning Salvia Divinorum have any scientifically-based reasons, or is their issue with the plant based solely on their own moral convictions? Though they may have good intentions, have they really even considered the consequences of banning this substance?
What will it cost Americans to criminalize Salvia Divinorum? If it is made illegal, we will need to arrest and prosecute our fellow Alabamians who will be found guilty of trading a product in a black market that currently does not exist. People who are now considered law-abiding citizens will be deemed "criminals," so they will need to be housed in our states' prison systems, which are already overcrowded with a population that is largely composed of non-violent offenders. Is it really prudent in these tough economic times to pass a law that will result in the incarceration of more non-violent offenders. Are taxpayers not burdened enough by the rate at which we continue to build detention facilities?

More importantly than our financial burdens, how many families will be broken up by these incarcerations? How many college students will lose their federal financial aid and find themselves being pulled under the wheels of a weakening economy? How many responsible adults will be labeled as felons? Furthermore, will these future offenders feel that they have learned a necessary lesson after being incarcerated for possession of Salvia Divinorum? Will they respect the system that is willing to take their freedom away for a year or two because of their interest in a plant that produces a five-minute, potentially-insightful experience? Will they learn that they should have abided by the law, regardless of it being unfair in their perspective? Probably not, considering the USA has the largest percentage on Earth of adults incarcerated for drug offenses, and regardless, Americans are still the world's leading consumers of marijuana and cocaine.

Are there any actual facts at all suggesting that Salvia Divinorum is harmful to a responsible user? Salvia Divinorum is often compared to LSD, but it is not a reasonable comparison. LSD is a synthetic chemical where Salvinorin A occurs naturally within Salvia Divinorum, which is in the same genus as common household sage. LSD is more potent than Salvinorin A, and a dose of LSD lasts over a hundred times longer than a dose of Salvinorin A. Tests of extreme doses of Salvinorin A on mice have shown the molecular compound to be non-toxic, and it leaves the subject's system within minutes of consumption. Is there any evidence to suggest that Salvia Divinorum is more of a health threat to responsible users than other more popular and socially-acceptable drugs, such as tobacco, alcohol, caffeine, and over-the-counter or prescription medications?

Would swift criminalization of Salvia Divinorum create an obstacle for scientific research of Salvinorin A? Salvinorin A is a hot topic in the field of mental health. There has not been a lot of research done on Salvinorin A, due to its relatively recent discovery in 1982, by means of isolation from Salvia Divinorum plant matter. Salvinorin A is the only known naturally occurring non-alkaloid compound that acts as an agonist to the brain's kappa opioid receptor, thus making it a pharmacological breakthrough. Is it not our duty to the scientific community to ensure that they are allowed to possess the materials they need to further their important research?

Are there not more efficient alternatives to an outright ban? If the legislators against legality of Salvia Divinorum are concerned for the kids, would it not be a logical solution to consider setting an age limit? This type of legislation has been passed in Maine and California. Uncontrolled by law, Salvia Divinorum vendors already voluntarily impose age restrictions, issue warnings, and offer instructions to encourage product user-safety. They also prove themselves as reputable sources of Salvia Divinorum by correctly labeling the strengths of their extracts, so their customers can be assured that they will not have any stronger of an experience than they desire. Is this system really that bad? If Salvia Divinorum is banned will black market vendors be as responsible as the current vendors?

Keeping Salvia Divinorum legal is not about promoting drug use. For all logical reasoning, Salvia Divinorum should remain legal for the same reason that alcohol was eventually made legal: we cannot afford for it to be illegal. Five years have passed with the Drug Enforcement Agency still meagerly listing Salvia Divinorum as a "drug of concern." Is it not possible that Salvia Divinorum is simply not the lurking monster that the mainstream media has made it out to be? Is it not also possible that the media's charades are being exploited by certain legislators, whose aim is to strictly penalize Americans found guilty of non-violent drug offenses in an effort to appear tough on "crime?" Has the America been remotely able to keep up with the stiff sentences that have been imposed on non-violent offenders at the rate that the offenses have been committed over the past few decades? Should we not also consider the racial disparities of the sentences that have been handed out to drug offenders since the Reagan Era? Let us not be too hasty by continuing to enforce what we feel is sound moral judgment by instrument of law. We may be putting a road-block with no detour in the path of another whose morals and values are of a slightly different persuasion than our own.

Sincerely,

Andrew L. Rawlins

Tue, 10/14/2008 - 3:10pm Permalink
Anonymous (not verified)

Genesis 1:12, "And the earth brought forth grass, the herb that yields seed according to its kind, and the tree that yields fruit, whose seed is in itself according to its kind. And God saw that it was good."
Matthew 13:27 And the servants of the master of the house came and said to him, Sir, did you not put good seed in your field? how then has it evil plants?
Romans 14: 13-14, "therefore, let us not judge one another anymore, but rather resolve this, not to put a stumbling block or a cause to fall in our brother's way. I know and am convinced by the Lord Jesus, that there is nothing unclean of itself; but to him who considers anything to be unclean, then to him it is unclean."
-God

Tue, 10/14/2008 - 3:23pm Permalink
Anonymous (not verified)

In reply to by Anonymous (not verified)

"Genesis 1:12, "And the earth brought forth grass, the herb that yields seed according to its kind, and the tree that yields fruit, whose seed is in itself according to its kind. And God saw that it was good.""

Salvia divinorum doesn't produce seeds.

Tue, 03/17/2009 - 3:30am Permalink
Anonymous (not verified)

Can we make any difference by posting comments like these? Will any country where Salvia Divinorum is banned change their law because we all write about it?

I am sure that Salvia Divinorum is great experience! I do not understand why would still people decide for you for us what to do and how to live. Salvia Divinorum is an amazing herb, mind clearing herb that would make many people understand what is important in their lives and concentrate on these things only to make the most of it. Salvia Divinorum can help to make the most of what we do everyday by looking far ahead to the future and set out our goals. Not only, also to become satisfied about what you do and who you are. I am sure that if one is working on some project, difficult task, where possibilities seem endless, who needs brain storm, Salvia Divinorum will make one realize, find the only solution for it as all thoughts through your mind would rush into one answer. Of course it should be used responsibly and actually Salvia Divinorum makes you experience it very responsibly. It is amazing, beautiful experience, helpful and very easy to control and while you understand its potential you are safe. We only need education and available information about it.

Salvia Divinorum is good, should not be banned, if any solution is necessary it should be controlled by age limits upon purchase. Salvia Divinorum should be available and I am sure there will not be any problems concerned, as there are not any. The craziest thing is that there are so many other illegal activities happening around us everyday. These that harm and hurt others lives. There are so many things hidden from us, brushed under the carpet, make unavailable for us. What do authorities do about it?? Nothing, they are wasting their time passing law of banning Salvia Divinorum as if it was the most important thing to improve quality of our lives. Which is exactly opposite to what the reality is. Banning it will only trigger illegal activities, black markets and all things connected will open, and those in charge will still buy, sell not only Salvia Divinorum but.... list of hundreds of illegal military equipment, trade people's lives, assassinate, rape, slavery, terrorism, childrens' pornography, forced children's labour and hundreds more examples... Criminals will control, make money, spend money to protect them in some cases even "lawmakers" will be involved in illegal activities as it is happening nowadays when we hear so many bad news everyday. Salvia Divinorum is not the most important issue that our lawmakers, authorities, politicians, whoever is responsible to be in charge to concentrate on to save the world.

Information about Salvia Divinorum should be available, not hidden as it is meant to be while it became illegal everywhere. Source of information should be available for everyone. We are banning everything in the world. Why? You know, I am sure, that those who make decisions they do not even understand or clearly realize what is good what is bad as they had no experience and it is just a matter of prohibiting as it is. These people from perhaps G8, during their summit they should debate a bit about Salvia Divinorum. Why not? Anyway you make no changes to our lives, you are just debating and life goes on on its own. Realize it, what we all see, that you all just talk, talk and talk, but instead of concentrating on important issues you waste time to ban Salvia Divinorum. Make it controlled but available. If in doubt you should try Salvia Divinorum, at once it would clear your mind and you would understand why you are wrong.

Regards,

P

Sat, 10/25/2008 - 10:05am Permalink
Anonymous (not verified)

In reply to by Anonymous (not verified)

I have to agree. Our laws have been created thousands of years ago by people who believed that they should put all their commonsense into a belief that there is an invisible presence that we should worship. This moral movement spearheaded by organized religion was aimed soley at controling people then and into the future. This enabled them to set the standard by which you and I now live under. Morals...ethics...where are these as they molest the alter boys and children entrusted to them..morals...ethics..by which our government standsby and even encourages our own companys to rape us over the price of fuel. All for profit! That is what it is all about! If they would just see that a profit could be made by regulating this and other banned things, then we would be lighting up fatties at church!!!

Fri, 12/05/2008 - 11:41pm Permalink
Anonymous (not verified)

Hoffman & Wasson introduced this plant to the West in the 1950s, it has been around for a long time now and perfectly legal. IT grows in Mexico, and if you outlaw it they will probably smuggle it over the border and it will still be available if people want it enough. So now you take it out of the hands of the citizens and put it into the hands of gangs. Smart. Considering it's been around for so long and legal.

Fri, 05/08/2009 - 8:34am Permalink
Godz Sun (not verified)

Got  Fear In Your Heart...Let It Out......Then Be Humble Toward The Creator..Smoke An Ounce Of Salvia. By Then Your Soul Should Be Awake........Dont Forget Set Up Your Ceremonie......Low Lights ..Nice Music..(Greatful Dead , Phish ,.Led Zepplin.....I Have Pandora1...Make A Cup Of Tea And Work Out Your 3rd Eye....Our Soul Lives For Ever..Stay In The Light........1Love1     LoveGodLoveSunLove

Peace ...............

Fri, 11/05/2010 - 10:56am Permalink
Anonymous! (not verified)

the new is mind altering and is physical as it is broadcasted, that should be banned as well. espicialy faux news.. thats boadcoasting hallucinations across the country second by second

Sun, 07/03/2011 - 5:35pm Permalink

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