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

Submitted by Phillip Smith on (Issue #548)
Drug War Issues
Politics & Advocacy

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).

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.

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)

...or more likely lack thereof!....these dumbells have no idea what this plant is or what it was used for by the Mayan in ancient Mexico,as far as using it,you've got to be desperate ,because it isn't pot or like anything else,I've never smoked it,never would either! but I probably over the years read more about it in the history of ancient indians of Central and South America!...for no other reason then its part of the culture,like MJ,or the coca leaf!...their are scads of plants out there that have hallucinigenic qualities,these dumbells going to try outlaw them all?...hopefully rau won't be incarcerated for this blunder!.....this comment posted by donl

Sat, 08/23/2008 - 2:55am Permalink
Anonymous (not verified)

All the available evidences show that Salvia Divinorum is a potent medicinal herb capable of curing many physical problems, mental problems and above all spiritual and existential problems. There are just no evidence that it could lead to any trouble at all, if we except some bruise made by people, falling of a stool or things like that when they consume it in the opposite way prescribed by the shaman and doctors. It is a pure nonsense to make illegal herbs like Cannabis Sativa or Salvia Divinorum. It makes sense to regulate them in some ways, for example to sell it only to adult, or to ask for a priest or doctor prescription. To outlaw Salvia and Cannabis can only make the laws ridiculous, it disgusts people from politics, it discourages the seeker of truth when it does not make them criminal when sent in a so unfair manner into jail. There are plenty evidences that alcohol and tobacco, when smoked, are damaging for health. There are few evidences that cannabis (even when smoked) or Salvia are damaging for health. Banning Salvia is the symptom that we are governed by cowardliness and ignorance. It is sad, and it is a shame, and it is harmful for everybody in the long term.

Sat, 08/23/2008 - 10:47am Permalink
Anonymous (not verified)

This country has gone the way of crap-- arresting people for plants-- what will they think of next? I am so tired of this but what can I do? The injustices that go on in the country are ridiculous... Everyone needs to go and read John Stewart MIll and see if they can remember if there has ever been a time when we were not sticking our nose into everyone's business. If those days ever existed I would like to return to them.

Sat, 10/04/2008 - 12:33pm Permalink

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