South Dakota has become the latest state to ban salvia divinorum, the hallucinogenic plant used for centuries by Mexican shamans whose recreational use has become noticeable in the US in recent years. Oddly enough, as the bill was amended in back and forth between the state House and Senate, legislators forgot to specifically make it a crime to distribute the herb.
The bill creates two salvia possession offenses -- a misdemeanor for possession of less than two ounces of the plant or its active substance, Salvinorin A, and a felony for possession of more than two ounces. A misdemeanor charge can earn you up to a year in jail, while the Class 6 felony would be worth up to two years in the state penitentiary.
Rep. Lance Russell (R-Hot Springs) urged the House to reject the Senate version of the bill because it did not specifically outlaw distribution of salvia. But other lawmakers, eager to move ahead, said banning possession was a good enough start.
As the Chronicle noted last week [15], South Dakota is only the latest state to fall prey to salvia mania. Nebraska banned it a week ago, and similar measures are before legislatures in Alabama, Iowa, Maryland, Michigan, Minnesota, New Jersey, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas.
Thirteen states -- Delaware, Florida, Illinois, Kansas, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, and Virginia -- have classified salvia as Schedule I under state drug laws. Make that 14 now that South Dakota has joined the list. Three more -- Louisiana, Maine, and Tennessee -- restrict the sale of the plant. Maine and California ban it only for minors.