U.S. Legislation
This information is constantly being updated
The DEA has indicated on its website that it is aware of Salvia divinorum and is evaluating the plant for possible scheduling.
In late 2002, Rep. Joe Baca (D- California) introduced a bill (Congress bill HR 5607) to schedule Salvia as a controlled substance at national level. Those opposed to Joe Baca’s bill include Daniel Siebert, who sent a letter to Congress arguing against the proposed legislation, and the Center for Cognitive Liberty & Ethics, who sent key members of the US Congress a report on Salvia divinorum and its active principle, along with letters from an array of scientists who expressed concern that scheduling Salvia divinorum would negatively impact important research on the plant.
Baca’s bill did not pass in to law.
State legislation
Effective from 8th August 2005 (signed into law on 28th June 2005) Louisiana Act No 159 made 40 plants, including Salvia divinorum, illegal if sold for human consumption. It is still legal to own the plants.
On 5th January 2005 Representative Rachel L. Bringer introduced House Bill 165 to the Missouri State legislature. This bill sought to add Salvia divinorum to that State’s list of Schedule I controlled substances. Despite the CCLE sending a letter to Representative Bringer advising of its earlier report to Congress the following month saw the introduction of House Bill 633, which sought to place Salvia divinorum and salvinorin A in Schedule I and also proposed to add 12 other substances to Missouri’s list of controlled substances. This second bill was introduced on 23rd February 2005 by Representative Scott A. Lipke® and Representative Bringer. On 28th August 2005, the bill was incorporated into section 195.017 of the state’s drug regulation statutes. Thus, Salvia divinorum became a Schedule I substance in the state of Missouri.
On 19th January 2006, Senator John J. Millner® introduced Senate Bill 2589 to the Illinois State Legislature. This bill seeks to add Salvia divinorum to that state’s list of Schedule I controlled substances.
New York is considering a bill (S04987) that would place heavy civil penalties on the sale of the plant. Click here to check the status of this bill.
“Brett’s Law”: On 23rd January 2006 Delaware teenager Brett Chidester took his own life by climbing into a tent with a charcoal grill – he died of carbon monoxide poisoning In an essay found after his death, he wrote “Salvia allows us to give up our senses and wander in the interdimensional time and space,... Also, and this is probably hard for most to accept, our existence in general is pointless. Final point: Us earthly humans are nothing.” Although being written earlier, notes from Brett’s journals have subsequently been presented in media reports as if they were part of his suicide note. There are arguably more relevant factors than Salvia, notably it being reported that Brett was using a prescription medication for acne, which has been linked to depression, and/or that Brett had been suffering from depression generally. Brett told his parents that he had ceased his experimentation with the plant. And it is not claimed that he was immediately under Salvia divinorum’s influence at the time of his death. In any case, Senator Karen Peterson used the opportunity to pass Senate Bill 259 (aka “Brett’s Law”), state legislation classifying Salvia divinorum as a Schedule I controlled substance.
Senator Karen Peterson and Brett’s parents Kathy and Dennis Chidester have subsequently continued to campaign for Schedule I legislation beyond their home state of Delaware.
Other US states, including Tennessee (HB2909/SB3247), Oklahoma (HB2485), Alaska (SB 313), and New Jersey (S1867 are following suit with proposals for their own individual legislations. The result is likely to be an increasing ‘patchwork’ of different state laws.
More information on laws regarding Salvia divinorum can be found at Erowid’s Salvia Law vault and at The Salvia divinorum Research and Information Center”
