Psychedelics

RSS Feed for this category

If Salvia Isn’t Toxic or Addictive, What’s the Argument for Banning it?

The New York Times has a fascinating piece on the growing hysteria surrounding salvia. Researchers are studying its medical potential, college kids are tripping on YouTube, and state legislators are trying to outlaw it entirely.

All of this may soon provoke an illustrative glimpse at the philosophical dimensions of drug prohibition, in that salvia is powerfully psychoactive, yet shows no signs of addictiveness or toxicity. It isn’t causing crime or medical emergencies. The short duration of its effects allows users to indulge without becoming incapacitated to the point of impacting their daily lives. In short, salvia simply doesn’t fit into the pre-existing categories that drug warriors have carved out in order to justify prohibitions against other popular recreational drugs. So what will they say about it?

Though states are moving quickly, Bertha K. Madras, a deputy director of the Office of National Drug Control Policy, said federal regulators remained in a quandary.

"The risk of any drug that is intoxicating is high," Dr. Madras said. "You're one car ride away from an event that could be life-altering. But in terms of really good studies, there is just very little. So what do you do? How do you make policy in the absence of good hard cold information?"

Is that a trick question? I give up, Bertha. How? This is the same woman who opposed distributing overdose prevention kits, based on the theory that overdoses might be good for people. So I'm sure she’ll eventually find a solution here that won’t require copious doses of scientific methodology. Rarely in the history of the war on drugs have facts or common sense ever gotten in the way of someone trying to outlaw something. Tell Joe Biden it makes you think you’re a unicorn and he’ll have the Saving American Lives from Volatile Intoxicants Act on your desk by nightfall.

But if salvia is ultimately banned at the federal level simply because it makes you insanely high for 5 minutes, one might interpret that as a long-awaited acknowledgement that the war on drugs really is just an attempt to control our minds.

Salvia Divinorum: North Dakota Man, First in Nation Charged With Magic Mint Offense, Sees Charges Reduced

Kenneth Rau, the Bismarck, North Dakota, man with the dubious distinction of being the first person to be charged with a salvia divinorum possession offense in the US, got some good news last week. At an August 13 court hearing, prosecutors announced they were dropping charges of possession with intent to distribute, which could have earned Rau 10 years in prison (20 if a school zone charge were added on).

http://stopthedrugwar.org/files/salvialeaves.jpg
salvia leaves
Rau still faces a charge of salvia possession, which could still see him imprisoned for up to five years. He also faces misdemeanor drug paraphernalia and marijuana possession charges.

Salvia, a perennial herb native to Mexico with potent, if short-acting and generally unappetizing psychoactive properties, is not a controlled substance in the US. But in the last few years, almost a dozen states have moved to regulate its sales or ban it outright. The North Dakota legislature banned it last year.

Rau always claimed he was unaware of the new North Dakota law when he bought eight ounces of salvia leaves for a high bid of $32 on eBay this spring. Prosecutors once claimed the eight ounces amounted to hundreds of doses, thus the possession with intent charge, but Burleigh County Assistant State's Attorney Cynthia Feland said in court last Wednesday that the amount Rau possessed was really only about eight doses.

Rau is scheduled for a September 22 trial date.

Feature: Prosecutors Want Five Years for North Dakota Man Who Bought $32 Worth of Salvia Divinorum on eBay

Kenneth Rau, the Bismarck, North Dakota, man who suffers the dubious distinction of being the first person in the United States prosecuted under laws criminalizing the possession of salvia divinorum, has been offered a plea deal under which he would serve five years in state prison, he told the Chronicle this week.

(Update: Charges have been downgraded to possession -- Rau still faces up to five years, but as a charge he can fight, not a plea bargain -- DB via Phil, 8/19.)

http://www.stopthedrugwar.org/files/kennethrau.jpg
Kenneth Rau
Salvia is not illegal under federal law. The DEA considers salvia a drug of interest, but despite several years of observation has yet to move to place it under the Controlled Substances Act. A DEA spokesman told the Chronicle recently that the plant is being reviewed to see if it meets the criteria for inclusion on the list of controlled substances.

But driven by little more than the now infamous YouTube videos of young people under the influence acting strangely and the story of one Delaware youth whose parents blamed his suicide on salvia, state legislators have not waited for the DEA's measured considerations to act. Since Delaware became the first state to ban salvia, at least eight others, including North Dakota, followed suit. Moves are currently afoot in a number of other states to join the club, with Florida and Virginia being the latest states to pass laws criminalizing the plant.

Salvia became illegal in North Dakota on last August 1, after a bill sponsored by three Republican lawmakers, state Sens. Dave Oelke and Randel Christmann and state Rep. Brenda Heller, sailed through the legislature earlier that year. None of the three legislators responded to Chronicle requests for comment this week.

Rau has said he did not know the drug was now illegal when he bid on an eight-ounce bunch of salvia leaves and was pleasantly surprised when his $32 bid came in highest. The local TV station's web site has inadvertently supported Rau's contention. When the Chronicle first wrote about Rau's case in April, that site's online version of the news report about Rau's arrest was still pulling up salvia ads by Google. (From the east coast at least it is still doing so as of this writing.) Rau emailed the link to Drug War Chronicle, proving that the salvia ads are showing up on computers in North Dakota.

Burleigh County States Attorney Cynthia Feland did not respond to Chronicle calls seeking confirmation or denial of the plea deal. Rau said the deal was offered through his attorney, Benjamin Pulkrabek, from just across the Missouri River in Mandan.

"My lawyer told me she offered me five years if I pleaded guilty," said Rau. "He said he didn't think I would take it, but he had to ask. He was right -- I am not going to accept that. I just don't think depriving someone of his freedom for some dried plant leaves is right."

Rau, a bottling plant worker with an interest in herbalism, altered states, and religion and spirituality, was arrested by Bismarck police on April 9 when they searched his home looking for his adult son, who was on probation for drug charges. Police found a marijuana pipe, eight ounces of salvia leaf, a quantity of amanita muscaria mushrooms, and a number of other herbal products.

Although Rau bought the salvia leaf on eBay for $32, he faces a possible 20-year sentence after being charged with possession of the now controlled substance with the intent to distribute, based on prosecutors' assertions that the leaf contained hundreds of possible doses. He also faces a marijuana possession charge for the pipe. Although prosecutors originally charged him with possession of psilocybin because of his amanita muscaria mushrooms, they have since figured out that amanita does not contain psilocybin and have dropped that charge.

Salvia divinorum, a member of the Mexican mint family, has been used by Mazatec shamans for hundreds of years. Smoking or chewing the leaves, or more commonly, concentrated extracts, can produce intense, albeit short-lived hallucinogenic experiences. While the plant has become notorious through YouTube videos of young people smoking it and behaving strangely, it is also of interest to "psychonauts," or people attempting to explore consciousness through herbal means.

Researchers say that while salvia's effects on consciousness may be disquieting, the plant has not been shown to be toxic to humans, its effects are so potent it is unlikely to be used repeatedly, and its active property, salvinorin A, could assist in the development of medicines for mood disorders.

http://www.stopthedrugwar.org/files/salvialeaves.jpg
salvia leaves (courtesy erowid.org)
Daniel Siebert is a salvia researcher and host of the salvia information web site Sage Wisdom. In Siebert's view, while salvia should be subject to some sort of regulation, sending someone like Rau to prison for years for possessing it is almost obscene.

I think salvia should be regulated in the same way we regulate alcohol," he said. "Its effects are quite different, but there are some parallels in terms of the possible dangers from its use. Like alcohol, people can exhibit dangerous behavior if they take excessively high doses. That's why we prohibit driving while intoxicated or allowing minors to drink. But it's obvious that many, many people can enjoy alcohol without getting into trouble with it, and they should not be subjected to harsh penalties. Neither should adults who want to use salvia."

Not that the drug will ever be a popular recreational drug, he said. "Salvia can be very strange and interesting, but it's not something most people consider fun, it's not a recreational kind of experience," he said. "Most people find it bewildering; it's not something most people are motivated to repeat. It won't ever become a popular drug. The main reason people seem interested in it is because the media keeps putting out these sensational stories comparing it to LSD or marijuana. That creates a misleading impression, and people who try salvia expecting something like that are usually disappointed."

http://www.stopthedrugwar.org/files/salvia-ads.jpg
salvia (and criminal defense) ads on web version of ND news station report on Rau's bust
"Siebert was sympathetic to Rau's predicament. "I'm shocked and appalled that they can put people in prison for using salvia for personal use," he said. "The drug had just been made illegal there, and he says he didn't know it was illegal. I think that's believable -- most people wouldn't know about an obscure law being passed."

Kenneth Rau now faces a lonely struggle. North Dakota is not noted for its abundance of attorneys skilled in defending cases involving arcane plants, and national organizations have yet to respond to his entreaties for help, Rau said.

Still, Rau is trying to get a defense together. "I'm hoping to take depositions from people like Dr. Andrew Weil or Daniel Siebert or other experts," he said. "I'm looking for attorneys in their vicinities who might be willing to take a deposition."

And he hinted that he may also attempt a jury nullification strategy. "My defense will be to fall back on the fact that the jury is the ultimate judge of the law," he said. "They don't have to listen to the judge; they have the power. Let the jury decide what kind of state they want to live in," he said.

No trial date has been set yet. In the meantime, Rau continues working full-time for a soft drink bottler and subjecting himself to court-ordered humiliations. "I'm trying to live my life," he said. "I've got a full-time time job and another one on the weekends. I also have to take pee tests twice a week and pay them $26 a week for that privilege, on top of trying to pay for lawyers."

Salvia Watch: Magic Mint Now Illegal in Kansas, But Alabama Bill Dies

Efforts in state legislatures to ban or otherwise restrict the sale and possession of salvia divinorum, a fast-acting, short-lived psychedelic member of the mint family, continue apace. So far, ten states -- Louisiana, Missouri, Tennessee, Oklahoma, Delaware, Maine, North Dakota, Illinois, Virginia, and Kansas -- have passed laws criminalizing or restricting the sale and possession of salvia. More than a dozen other state legislatures are considering criminalizing the drug.

http://stopthedrugwar.org/files/salvialeaves.jpg
salvia leaves (courtesy erowid.org)
One state where that won't be happening this year is Alabama, where bills sponsored by Sens. Hank Erwin (R-Montevallo) and Roger Bedford (D-Russellville) that would have scheduled salvia like marijuana failed to move in the legislature. They died Tuesday night, the last day for bills to be passed in the chamber where they were introduced.

This marks the second year Alabama solons failed to act on a salvia measure. But Erwin and Bedford are undeterred and say they will be back again next year. They cited concerns for young people in seeking to criminalize the substance.

That was enough for the Kansas legislature and Gov. Kathleen Sibelius (D), who late last month signed into law a bill criminalizing salvia possession and sale in the Jayhawk State. That law went into effect last week.

The DEA, which is in charge of scheduling drugs at the federal level, has been reviewing salvia's status for several years, but has yet to determine that it qualifies as a dangerous drug needing scheduling under the federal Controlled Substances Act. But clearly, that isn't stopping legislators from going off half-cocked. A simple-minded and sensationalist press has been part of the problem, too, as Slate's Jack Shafer noted in Salvia Divinorum Hysteria, which is well worth the read.

Video: CBC Sunday: Albert Hofmann - Psychedelic Pioneer

From the CBC News website: The Swiss chemist who discovered LSD, Albert Hofmann, died this week at 102. We examine the legacy of the man who became a hero to a rebellious generation, and look back at the history of this controversial drug - now in the midst of a research revival. http://www.cbc.ca/sunday/2008/05/050408_3.html

Europe: Dutch Ban on Magic Mushrooms Moves Closer

The conservative Dutch cabinet last Friday formally proposed a ban on the sale of psychedelic mushrooms. The proposal now goes before the Dutch parliament, where it is expected to pass.

http://stopthedrugwar.com/files/psilocybe-cubensis-erowid.jpg
psilocybe cubensis (courtesy erowid.org)
Currently, dried mushrooms are illegal in the Netherlands, but fresh ones can be bought legally in "Smart Shops," stores that sell cognition-enhancing products, but also magic mushrooms, salvia divinorum, and other legal but mind-altering substances.

A campaign to ban psychedelic mushrooms gathered steam after a particularly photogenic French girl died jumping off a bridge after eating them last year. A number of other incidents, most involving young visitors, have also been publicized. Amsterdam emergency services reported 128 mushroom-related incidents in 2006, more than double the 55 calls they got two years earlier. Most of them involved young British tourists.

The Dutch health ministry cited such cases in a statement laying out the rationale for a ban. "The use of mushrooms can produce hallucinogenic effects which can lead to extreme or life-threatening behavior," it said, according to a Reuters report.

Industry efforts to blunt the ban by self-policing were of no avail. In February, the Dutch Association of Smart Shops (VLOS) said the industry would self-regulate and protested that the increase in reported incidents was smaller than the increase in mushroom sales.

The conservative Dutch government has been trying to find ways to reverse the country's 30-year experiment in pragmatism with the cannabis coffee shops. Now, it is on the verge of criminalizing psilocybe cubensis. A VLOS spokesman told Reuters the coffee shops better watch out. "If they succeed with this mushroom ban then I am sure they will try to ban things like cannabis as well. This is part of a wider trend," said Freddy Schaap.

Dr. Albert Hofmann, Father of LSD, Dead at 102

Internet rumors of his passing have been confirmed for us by a friend of Dr. Hofmann's. Dr. Albert Hofmann died of a heart attack this morning at his home in Basel, Switzerland. Hofmann inadvertently discovered the effects of LSD while researching the substance in 1943. He subsequently self-administered the drug deliberately and produced the first accounts of its powerful psychedelic effects.

If you think 102 is old, just imagine how long he might have lived if he never did drugs!

Update: The above line is sarcasm. Before posting it, I asked a couple smart people if they thought anyone might misunderstand and we decided it probably wouldn't be a problem. Well, it was, and a few commenters have come away with the incorrect impression that I think Dr. Hofmann would be better off if he never used drugs. This comment explains what I really meant. I won't stop cracking jokes in the blog, but I do apologize for this one. 

Location: 
United States

Salvia Watch: Florida Senate Votes to Criminalize the Diviner's Sage

The Florida Senate Wednesday passed a bill, SB 340, criminalizing salvia divinorum, also known as "Diviner's Sage," among other nicknames. The Florida House approved a companion measure banning the fast-acting, short-lived hallucinogen last week. If, as expected, the bill is signed by Republican Gov. Charlie Christ, Florida will be the latest in what is a rapidly expanding list of states to take action against salvia.

The state of Florida will protect the youth by subjecting them (and adults) to up to five years in prison for possessing salvia, which would be classified in the same category as LSD and marijuana under Florida law.

Although lawmakers could cite little data about use of the herb, especially among teenagers, they said they were increasingly worried about children buying it online.

The bill passed the Senate by a margin of 39-0 after limited debate. The House version passed by a 109-4 margin a week earlier.

Feature: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay

In what is likely the first arrest for possession of salvia divinorum anywhere in the nation -- and definitely a first in North Dakota -- a Bismarck man now faces years in prison after he bought a few ounces of leaves on eBay. Kenneth Rau, a bottling plant worker with an interest in herbalism, altered states, and religion and spirituality, was arrested by Bismarck police on April 9 when they searched his home looking for his adult son, who was on probation for drug charges.

http://stopthedrugwar.com/files/kennethrau.jpg
Kenneth Rau
Police found a marijuana pipe, eight ounces of salvia leaf, a quantity of amanita muscaria mushrooms, and a number of other herbal products. Rau now faces multiple charges, said Burleigh County States Attorney Cynthia Feland.

"He is being charged with possession of salvia with intent to deliver, as well as possession of psilocybin with intent, and possession of marijuana," she said. Although Rau told the Chronicle he thought he would be charged with a school zone violation as well, which would have made his intent offenses Class A felonies punishable by up to 20 years in prison, that is not the case, said Feland. "He is not being charged with a school zone violation," she affirmed.

(The psilocybin charges could go up in smoke. The amanita muscaria mushrooms that he possessed are not controlled substances under federal law and, while hallucinogenic, do not contain psilocybin. The active ingredient in amanita muscaria mushrooms is muscimole.)

Rau was being charged with possession with intent because of the weight of the leaves, she said. "We look at the typical use quantity," she said, "and it is similar to marijuana, with a typical use dose of .25 grams to .5 grams, and he had significantly more than that," she said.

http://stopthedrugwar.com/files/salvialeaves.jpg
salvia leaves (courtesy erowid.org)
Salvia divinorum, a member of the Mexican mint family, has been used by Mazatec shamans for hundreds of years. Smoking or chewing the leaves, or more commonly, concentrated extracts, can produce intense, albeit short-lived hallucinogenic experiences. While the plant has become notorious through YouTube videos of young people smoking it and behaving strangely, it is also of interest to "psychonauts," or people attempting to explore consciousness through herbal means.

Researchers say that while salvia's effects on consciousness may be disquieting, the plant has not been shown to be toxic to humans, its effects are so potent it is unlikely to be used repeatedly, and its active property, salvinorin A, could assist in the development of medicines for mood disorders.

There are hazards to messing with hallucinogens, one expert was quick to point out. "It's an hallucinogen, and while its hallucinogenic actions are different from those induced by LSD and other hallucinogens, it has the liabilities that hallucinogens do," Bryan Roth, a professor of pharmacology at University of North Carolina's School of Medicine, the man who isolated salvinorin A, told Drug War Chronicle last month. "When people take it, they are disoriented. If you don't know where you are and you're driving a car, that would be a bad experience."

Still, said Roth, while it may make you freak out, it isn't going to kill you. "There is no evidence of any overt toxicity, there are no reports in the medical literature that anyone has died from it. The caveat is that there have been no formal studies done on humans, but the animal data suggests that it doesn't kill animals given massive doses, and that's usually -- but not always -- predictive for human pharmacology."

The DEA considers salvia a drug of interest, but has yet to move to place it under the Controlled Substances Act. A DEA spokesman told the Chronicle recently that the plant is being reviewed to see if it meets the criteria for inclusion on the list of controlled substances.

But driven by little more than the YouTube videos and the story of one Delaware youth whose parents blamed his suicide on salvia, state legislators have not waited for the DEA's measured considerations to act. Since Delaware became the first state to ban salvia, a handful of others, including North Dakota, followed suit. Moves are currently afoot in a number of other states to join the club.

http://stopthedrugwar.com/files/salvia-ads.jpg
salvia (and criminal defense) ads on web version of ND news station report on Rau's bust
Salvia became illegal in North Dakota on August 1, after a bill sponsored by three Republican lawmakers, state Sens. Dave Oelke and Randel Christmann and state Rep. Brenda Heller sailed through the legislature earlier this year. None of the three legislators responded to Chronicle requests for comment this week.

After Rau was arrested earlier this month, Bismarck police warned that it could be only the beginning in the fight against the member of the mint family. "It sure looks like there could be a market, based on the amount he had", Lt. Bob Hass told reporters. "This is the first we've seen of it." Hass did not return Chronicle calls for comment this week.

While salvia information web sites like Salvia.Net do place a single dose of salvia leaf at between .25 gram and one gram, similar to County Attorney Feland's estimate, intent to deliver still seems a stretch. "I bought eight ounces of leaf on eBay by bidding $32 for it," said Rau. "Now they're charging me with possession with intent. That's silly. Nobody wants leaves. Everyone is buying those 10X and 20X and 30X extracts." [Ed: Not to mention that on eBay one buys what is being offered a sale, not half or a tenth or twentieth of it.]

Rau was also not impressed by the prosecutor's dosage estimates. "This is a clear ploy to exaggerate the number of saleable units," he complained. "These drug warriors have long used this ploy to make dealers out of everyone. Accepting those figures, an ounce of Salvia Divinorum would give 120 doses and make anyone holding an ounce of it a dealer. This is ridiculous since an ounce is clearly the standard saleable unit for leaf. Applying the prosecutor's standard marijuana dosage and saleable quantity would be the amount that would fit in the end of a pinch hitter. This standard would make anyone holding even an eighth ounce of marijuana a dealer."

Rau also scoffed at the notion that anyone is going to be buying fractions of an ounce of salvia leaf. "You can buy an ounce online for as little as $10," he pointed out. "Who is going to split that up into smaller quantities? Hell, you would probably end up spending more on baggies that you did on the leaf," he said.

"This is ridiculous legislative overreaching," said Rau of the new law. "They only based it on those wacky YouTube videos, and even on those, you see people trying to abuse the stuff as much as possible and ham it up, and it still doesn't hurt them. And why jump from selling it in stores to making it a felony," he asked, "don't they do misdemeanors anymore? I didn't even know it was illegal here, and with their first prosecution they go for the max."

The local TV station's web site has inadvertently supported Rau's point. At the time of this writing, an online version of the news report about Rau's arrest was still pulling up salvia ads by Google. Rau emailed the link to Drug War Chronicle, proving that the salvia ads are showing up on computers in North Dakota.

A mild-mannered 46-year-old, Rau's interest in salvia derived from a broader interest in herbalism, religion and spirituality, as well as efforts to deal with his own inner demons. "I read that salvia facilitates lucid dreaming, so I tried chewing some leaves before bed time, and it was interesting because I would see faces and remember names I had long forgotten."

He also tried salvia as a cure for depression. "I have some childhood issues to deal with. They had me on Paxil," he said. "They want you to take their pharmaceuticals, but if you want to take an herbal remedy, they want to throw you in prison. Are they going to save me from myself by throwing me in prison for years?"

Now, Rau is fighting for his freedom, but there aren't many resources in North Dakota, and he doesn't even have a lawyer yet. "The ACLU doesn't even list anyone in the state," he said. "I've emailed the ACLU Drug Law Reform Project, but I haven't heard back from them yet."

Still, he said, his arrest has motivated him. "Maybe this is an opportunity for me to join the fight," he said. "I've never been a drug user, never been arrested. I started experimenting with this stuff because I thought it was legal. I didn't want to get into trouble, but now they're treating me just like some meth dealer."

Salvia Watch: Two More States and One City Act Against the Plant, and North Dakota Marks First Bust

Aroused by videos of young people using salvia divinorum on YouTube and spurred on by law enforcement eager not to miss an opportunity, legislators across the country have this year been raising the alarm about the fast- and short-acting hallucinogenic herb, despite the lack of any evidence that its use is harmful. In the latest outbreaks of salvia mania, the South Carolina and Florida Houses have passed a bill to criminalize the plant, a Massachusetts town has banned it, and police in North Dakota -- one of a handful of states where it is already illegal -- announced their first salvia bust.

http://stopthedrugwar.com/files/salvialeaves.jpg
salvia leaves (photo courtesy Erowid)
On Wednesday, the Florida House passed HB 1363, which would ban salvia possession and place it on the state's Schedule I, along with marijuana and other psychedelics as drugs with no accepted medical use and "high potential for abuse."

Salvia has experienced "growing popularity among teens and young adults," said Rep. Mary Brandenburg (D-West Palm Beach), the bill's sponsor. It is not clear what evidence she based that claim on.

A companion Florida Senate bill to ban salvia has already cleared committees and is ready for a floor vote. If it passes and is signed into law by Republican Gov. Charlie Crist, possession or sale of the drug would become a third degree felony in Florida.

Six days earlier, the South Carolina House passed HB 4687, which criminalizes salvia and puts it in the same category as marijuana, LSD, and ecstasy. The bill passed with little discussion on a lopsided 101-4 vote. After one more routine housekeeping vote, it heads to the Senate.

The bill was pushed by law enforcement and drug prevention groups despite little evidence it is being used in the state. Neither local law enforcement nor the State Law Enforcement Division (SLED) officials consulted by The State newspaper were aware of any reports of its use.

"SLED hasn't seen this substance in South Carolina at this point, but we're certainly prepared to enforce this new law if it is passed," said Richard Hunton, SLED inspector.

North Dakota law enforcement had its chance earlier this month, when they arrested a Bismarck man for possessing eight ounces of salvia leaf. (The drug is most commonly ingested by smoking salvia extracts, which are significantly more potent than the leaf.) Kenneth Rau has been charged with salvia possession with intent to deliver in what North Dakota cops believe is the state's first salvia bust.

Now, they're looking for more, Lt. Bob Haas of the Bismarck Police told WDAY-TV6 News. "It sure looks like there could be a market, based on the amount he had. This is the first we've seen of it."

Even some towns and cities are getting in on the act. The most recent is West Bridgewater, Massachusetts, where city selectmen voted to ban the plant this week. Although Massachusetts is among the states considering action against the member of the mint family, the state was not moving fast enough for the West Bridgewater folks.

"What makes Salvia divinorum dangerous is that it has hallucinogenic properties like LSD and it can be purchased on the same Web site where you find Beanie Babies and baseball cards," Selectman Matthew Albanese said. "I can't imagine why the Drug Enforcement Agency has Salvia listed as a 'drug/chemical of concern' as opposed to a 'controlled substance,'" Albanese said.

Albanese might have asked the DEA. The Chronicle did three weeks ago, and DEA spokesperson Rogene Waite told us that the agency is following procedure by evaluating eight factors listed in the Controlled Substances Act in determining whether or not to schedule a drug. Unlike Massachusetts selectman or various state legislatures, (this time at least) the DEA seems to actually be waiting for evidence before it acts.

Since 2005, seven states have restricted use of the substance. And about a dozen other states have similar legislation pending.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School