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Author Topic: Keep Salvia Legal Campaign (& Salvia's legal status)  (Read 15474 times)
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Paradoxic
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« on: May 31, 2007, 09:10:26 pm »

Salvia divinorum is under threat of becoming illegal in many states and it has already been made illegal in some. This article consists of ways you can help keep Salvia legal as well as an updated list with Salvia's legal status around the world.

U.S. state by state legal status
Refer to State by State sub-forum.

International legal status (updated August 28, 2007)
This is a list of countries that have taken salvia into legal consideration whether that may be criminalization or regulation.
* = Legislation passed

Australia*
On June 1st of 2002, Australia became the first country to ban Salvia divinorum and all of its components. Their reasoning simply counted on the fact that they believed Salvia divinorum had no medical use and that it was only used in ritual ceremonies.

Denmark*
As of August 23, 2003, Salvia divinorum became a Category B drug according to Danish law. This means the drug can only be used for scientific and medicinal purposes.

Finland*
In August of 2002 Finland made it illegal to import Salvia divinorum without a prescription.

Italy*
In March of 2005, Itally added Salvinorin A and Salvia divinorum to its "Table I" of psychotropic substances. Up to 20 years an prison can result from possessing more than a half miligram of Salvinorin A.

Spain*
As of February 6, 2004, Spain made it illegal to sell or buy Salvia divinorum. Possession, use and cultivation is still legal.

Sweden*
On April 1st, 2006 Sweden added Salvia divinorum and Salvinorin A to its list of controlled substances.

United States
In 2002 Rep. Joe Baca (D- California) proposed the Congress bill HR 5607 to schedule Salvia divinorum as a Schedule I drug federally. Due to the many letters from scientists (such as Daniel Siebert's letter, see below) saying that outlawing it would prohibit important research, Baca's law did not pass in Congress. Rep. Joe Baca said that he will not reintroduce the bill.

United Kingdom
In October 2005, Bassetlaw MP John Mann proposed an Early Day Motion calling for Salvia divinorum to be banned in the UK (EDM796). The motion has stopped being debated and analyzed after receiving only 11 signatures.

Sources:
Erowid's Salvia Law Vault
Wikipedia's Legal Status of Salvia

Other ways to help keep Salvia legal:

Please post comments on ways you have taken action. If you have any updates on Salvia's legal status please post and the changes will be added to this article. Also lets brainstorm some more ideas on how to keep Salvia legal.
« Last Edit: September 03, 2008, 06:25:26 pm by Paradoxic » Logged
Dominaduro
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« Reply #1 on: August 17, 2007, 02:08:38 am »

Should this be made sticky in the salvia law forum? I think it's totally valid as an item in the knowledge base, but I also think it'd be easier to find and would be better classified.

Dominaduro
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DrYRHead
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« Reply #2 on: August 23, 2007, 11:20:21 am »

I agee. It would make it easier to find.
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Synchronium
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« Reply #3 on: October 15, 2007, 04:09:47 am »

Anyone know who's in the wrong if someone from the UK shipped to some parts of the US, or Denmark for example?
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Dominaduro
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« Reply #4 on: October 15, 2007, 05:33:53 pm »

I really have no clue...but most sites usually state which places they won't ship to because I think there is a possibility that they could get in trouble (even though it's the shippers that do the shipping).

Good question.
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DrYRHead
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« Reply #5 on: October 16, 2007, 01:14:27 am »

Herb vendors do seem more cautious in this respect then do fake Pharmacies. I think that a few of those fake on-line Pharmacy vendors did get extradited to other countries, like the USA, to be convicted and sentenced. However, it seems that most of the time thy authorities seem to try to go after the receiver of the goods first.  Undecided
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JD1stTimer
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« Reply #6 on: February 01, 2008, 03:51:28 pm »

I find it really quite sad that Australia banned it simply because the only use for it was for ritual purposes.  Are they really that anti-freedom that performing rituals is not in any way protected?  At least in the U.S. the Uniao Vegetal was recognized by the Supreme Court as having the right to use the substance DMT simply because it was a ritual of their religion, and likewise Catholics could take communion using wine during alcohol prohibition.  It's unfortunate that an obviously illegal racial standard for the religious use of peyote has been able to stand for so long.

To every Democratic in Joe Baca's district, I hope you realize now that a D next to a name means nothing as far as the values you care about are concerned.
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Salvia goatse'd me!  Warn your children!  It's actually a good reason to keep it legal, your friendly neighborhood drug pusher doesn't do age verification.
DrYRHead
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« Reply #7 on: February 02, 2008, 01:12:20 pm »

From what I have heard Australia is pretty much anti-herbs in general, and they have banned several other herbs too. Both kratom and ephedra have been banned there, as well. I don't think that Australia has freedom of religion, or freedom of speech and press like we are supposed to have in the USA, either.  Undecided
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JD1stTimer
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« Reply #8 on: February 05, 2008, 06:10:27 pm »

That's sad.  Neither do we. Smiley  I wonder if there's an equal protection defense for sacramental peyote use by non-tribal people?  Obviously it's the correct position, but I don't think anyone cares about that any more.  Still, the judge that could explain to me why my race is incorrect for me to practice the Native American religion would hopefully be laughed off the bench.  If someone could just manage to get the judge to put it in writing that their blood has the wrong genes in it to be afforded those religious protections.
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Salvia goatse'd me!  Warn your children!  It's actually a good reason to keep it legal, your friendly neighborhood drug pusher doesn't do age verification.
humage
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« Reply #9 on: February 09, 2008, 07:10:48 pm »

I've heard that Virginia has now proposed a new bill (HB21) to make Salvia Divinorum illegal. So far it's passed through the Committee and the House, but it has yet to pass the Senate.

http://www.richmondsunlight.com/bill/2008/hb21/
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JD1stTimer
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« Reply #10 on: February 09, 2008, 08:04:07 pm »

Well, at least so far it's being regulated in the Constitutional manner (up to the states to decide).  I wonder what the feasibility of religious arguments would be?  At least MstryShovel and I apparently see the same entity when we partake.  Is that enough to legally call it a bona fide communion tool?  It's something I have never seen until I used Salvia, so I don't know any other way to contact it.
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Salvia goatse'd me!  Warn your children!  It's actually a good reason to keep it legal, your friendly neighborhood drug pusher doesn't do age verification.
Paradoxic
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« Reply #11 on: February 10, 2008, 01:11:34 am »

I've heard that Virginia has now proposed a new bill (HB21) to make Salvia Divinorum illegal. So far it's passed through the Committee and the House, but it has yet to pass the Senate.

http://www.richmondsunlight.com/bill/2008/hb21/
Thanks, I updated the article. But look at this:

Quote from: the geniuses of the Virginia state legislature
Salvinorum A as a Schedule I hallucinogenic
Look, they incorrectly spelled Salvinorin A  Cheesy Any fool with an Internet connection could have figured that one out. This only further proves the level of ignorance we are dealing with here. On the bright side, maybe that will invalidate the law Tongue shhhhh
« Last Edit: February 10, 2008, 01:13:43 am by Paradoxic » Logged
JD1stTimer
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« Reply #12 on: February 10, 2008, 09:22:55 am »

Yeah, but they're not just any fools with regular internet connections, they're Super Fools with a series of tubes flowing into their houses!
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Salvia goatse'd me!  Warn your children!  It's actually a good reason to keep it legal, your friendly neighborhood drug pusher doesn't do age verification.
mconlonx
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« Reply #13 on: April 06, 2008, 09:21:30 am »

When checking out the list of state laws or states considering laws, the Congresscritters references are Federal Senators and Reps. While they would be important if a bill was being considered in the US Congress, these are not the movers and shakers at the State level. If you are considering writing to anyone about a state ban, it should not be the US Senators and Reps--do a bit of research into who the bill sponsors are at the state level, what committee will consider a ban bill and the list of committee members, and of course your own Rep and Sen.
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Paradoxic
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« Reply #14 on: April 06, 2008, 05:08:26 pm »

When checking out the list of state laws or states considering laws, the Congresscritters references are Federal Senators and Reps. While they would be important if a bill was being considered in the US Congress, these are not the movers and shakers at the State level. If you are considering writing to anyone about a state ban, it should not be the US Senators and Reps--do a bit of research into who the bill sponsors are at the state level, what committee will consider a ban bill and the list of committee members, and of course your own Rep and Sen.
This is definitely true, I didnt even think about this. I really appreciate this suggestion, I will get on it immediately. Genius+
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divinorum
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« Reply #15 on: April 13, 2008, 11:09:43 pm »

I am compiling a list of statistics that will help me out with a section of an argument that I am writing. The main theme of this is something that will appeal to the senators far more than any other argument will, and this argument deals with infrastructure. Imagine how hard it would be to tell salvia divinorum apart from any other plant in the salvia genus. Its not like a cannibus plant which has very distinct leaves, and you cannot outlaw all sage plants, since they are widely used. Besides this imagine the amount of money it would cost to train police to spot this plant, dogs to sniff this plant, money to shut down shops and conduct raids, more jailtime for small time "dealers", and the crime rate soar due to the popularity the plant will gain (and the teens who will turn to it, get caught, and put in jail or fined). This huge amount of money will hit em where it hurts, the wallet. They are already tight with their budget (especially here in Texas) and this argument will definatley get their attention. 
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And the sage goddess opened her arms and showed me all of the wisdom of the world, all that is, and all that will be, and filled my life with purpose and meaning...
Paradoxic
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« Reply #16 on: April 14, 2008, 01:07:08 am »

I am compiling a list of statistics that will help me out with a section of an argument that I am writing. The main theme of this is something that will appeal to the senators far more than any other argument will, and this argument deals with infrastructure. Imagine how hard it would be to tell salvia divinorum apart from any other plant in the salvia genus. Its not like a cannibus plant which has very distinct leaves, and you cannot outlaw all sage plants, since they are widely used. Besides this imagine the amount of money it would cost to train police to spot this plant, dogs to sniff this plant, money to shut down shops and conduct raids, more jailtime for small time "dealers", and the crime rate soar due to the popularity the plant will gain (and the teens who will turn to it, get caught, and put in jail or fined). This huge amount of money will hit em where it hurts, the wallet. They are already tight with their budget (especially here in Texas) and this argument will definatley get their attention. 
Great idea, we definitely need this in the document we are writing:
http://www.salviasource.org/forum/salvia-in-general/salvia-divinorum-from-an-practical-and-unbaised-perspective/0/

Genius+ ...just one suggestion, you should try to get as many legitimate references to your claims as possible.
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mconlonx
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« Reply #17 on: April 15, 2008, 03:11:21 pm »

I am compiling a list of statistics that will help me out with a section of an argument that I am writing. The main theme of this is something that will appeal to the senators far more than any other argument will, and this argument deals with infrastructure. Imagine how hard it would be to tell salvia divinorum apart from any other plant in the salvia genus. Its not like a cannibus plant which has very distinct leaves, and you cannot outlaw all sage plants, since they are widely used. Besides this imagine the amount of money it would cost to train police to spot this plant, dogs to sniff this plant, money to shut down shops and conduct raids, more jailtime for small time "dealers", and the crime rate soar due to the popularity the plant will gain (and the teens who will turn to it, get caught, and put in jail or fined). This huge amount of money will hit em where it hurts, the wallet. They are already tight with their budget (especially here in Texas) and this argument will definatley get their attention. 

If you look up any of the recent bills or laws, the financial impact statement attached to all of them at the state level inform committees that the financial budgetary impact will be "minimal." Why? BECAUSE ITS NOT A PROBLEM IN THE FIRST PLACE!!! *ahem* But they don't see that--all they see is a tough on crime bill for some new drug that doesn't have a huge financial impact. Win-win situation for them.

Financials have a place in any argument, but it's a weak one when they have State-level budget experts telling them otherwise. Another strategy would be to find drug crimes reports for your own state and research what drug crimes actually cost--in ME, it is over $60k for a successful drug crimes prosecution and that's before the victim even spends a day in jail. Minimal financial impact my ass--and yet that's what the report said. The committee wouldn't have known different if it hadn't been pointed out to them by a member of the public. And all was researched online through available Office of Substance Abuse reports... ironically enough, the office that suggested a ban bill in the first place.

Broad arguments like "how will they ID it?" and the cost of prosecution are less effective than "It costs an average of $62,398 to prosecute a drug crime in this state, why is the budgetary impact considered 'minimal'? Unless there really isn't even enough of a problem to worry about? During the cost analysis, how many salvia crimes were assumed to be prosecuted each year?"

And of course the best place to present arguments and ask questions like this is the most effective place to oppose bans--at committee public hearings.
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mconlonx
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« Reply #18 on: April 15, 2008, 04:07:33 pm »

Keeping salvia legal.

Part 1.
"How do I find out if my state is considering a ban?"
"I didn't even know my state was considering a ban and now it's too late..."

The first is a common question, the second is a frequent lament. So how do you keep track of these things?

First is keeping in touch with media in your state. If you hear of a salvia story, track down the source. If there is online content to match with a comments page, post opposition and pro-salvia arguments there. Write a letter to the editor or producer of the piece and explain your dismay over the dismally unresearched reporting and blatant misrepresentations of the piece. If they dragged a State Representative or Senator into the story, send a letter to the politician explaining why a ban is a bad thing to support... like the fact that they were duped by media hype over something that isn't even an issue in their state. Or the fact that it is not the slam-dunk tough on crime drug issue they might think it is--there will be vocal and very persuasive opposition. Many approaches and points to include in this correspondence which might help nip a ban bill in the bud. Seemed to work in MA last year.

Second: online resources. Go to your [state].gov website and look for the legislative branch. If you surf around there, you'll find online bill search engines, usually searchable for keywords. Search on Salvia and see if you get any hits on pending legislation. If you do, there's usually a bill history attached which will let you know where the bill is at, who is considering it, what committee it is going to or has been through, and sometimes even when public hearings will be held. And of course Google--seach on "salvia [your state]" and you're bound to find any news articles or Bills being considered. Do this search on the state site and google at least once a week and you won't be surprised by a bill. C'mon, 15 min doing online searching--how tough is that and is entheogenic freedoms worth it?

Third: your own Rep. Call your Rep or the statehouse and ask if there's a salvia bill in process. If not, ask to be advised if one does come up. It's a long shot, but worth it because it establishes you with your rep and will increase your comfort level when talking to politicians. Email will work for this as well. Never get angry at your own Rep, no matter what their stance--you need them in your corner and they need to hear that an active constituent is not in line with their views. In ME, the Pol who sponsored the bill would not initially consider regulation of sales instead of a ban, but after corresponding with him and meeting him at public hearing, he changed his tune and accepted compromise when called out on the carpet by the committee.

Fourth: network online. Join forums, boards, tribes, and groups with salvia or entheogens as a common interest. If you hear of a looming ban, spread the word as far as you can. If enough people do this, bans and media hype for them will be caught early, when there's still time to do something about it.

How hard or scary is any of this? Not very. Just that you have to remember to do it if you care enough to stay on top of salvia legislation and entheogenic freedoms in your state.

But let's say you just searched and came up with nothing--no bill pending in your state. What now? Keep searching, stay on top of it. That's the passive route. If you want to get pro-active about it, start talking regulation to your rep.

Part 2.
Regulation as a pro-active step against prohibition.
[to be continued]
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mconlonx
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« Reply #19 on: April 15, 2008, 09:10:55 pm »

Keeping Salvia Legal

Part 2
Regulation as a pro-active step against prohibition.

Many of you don't believe anyone should have any say about what you consume except yourself. For those of you with staunch and unwavering belief like this, this suggested course of action is not going to be palatable. But there are good reasons for it.

Salvia shouldn't be even regulated, but that's just now how modern culture works right now. Lots of things are regulated including most of the stuff you eat. Most regulations are innocuous (or ineffective, like the FDA) and designed to protect the general population from really nasty stuff. Others are moral calls, like regulating tobacco, alcohol, and pharmaceuticals. And then there's the draconian and ultimately futile act of prohibition, which is what happens when substances are scheduled. In all of this, there has to be some kind of compromise. Ban proponents want to completely outlaw it, we'd rather it remained completely off the books. Regulation is a sane course of action, considering where we're at right now.

It would also allow us to control the debate and language of the debate for a change. Most of the stuff we have to argue with is very reactive--by neccesity since it's usually spurred by radical action. Unfortunately, it gives them a chance to demonize salvia, like the right did with their language of "partial birth" abortions. It's all about who controls the debate and right now we are zero for many.

And keep in mind that the basic argument against salvia is "the kids." Teens are doing this, dontchaknow, just take a look at the YouTube vids on teh interwebz. Prohibition of salvia basically boils down to people freaking out that the kids are going to trip. Take that away from them and what do they have to argue with? NOTHING! No demonstrable problem with salvia otherwise.

So why not regulate sales to 18+ like CA and ME? Regulation is tolerable to most, except the real nut cases on either end of the spectrum. Rational parents and lawmakers like it because something is being done to keep the kids off drugs. Users like it because it keeps it legal. Codifies regulation in law, actually. Those stridently against drugs and those who think you should be able to use anything won't be happy, but both can hopefully see it as a partial victory. In both ME and CA, both sides claimed victory when regulatory bills passed.

Get in touch with your representative. Have the texts of the ME law and CA bill on hand to send to them. Even OK would be okay. As a constituent ask if they'd be willing to sponsor an anti-drug bill for you. Give them the outline, and break it down for them--prohibition is tricky with vocal opponets across the political spectrum, but regulation is something the middle of both sides can live with. And it addresses the greatest outcry about "The Kids." Give them a good argument, show them exactly how it would make them look good, especially compared to the embarassment of many other ban bills which have died in committee.

As far as I know, no one's tried this, but it certainly would be a valid approach worth considering.

If you wanted to be proactive in your state where currently salvia is still legal. You can keep skating by as more and more states fall, but that's what causes larger, Federal bans--happened again and again, look at the history of alcohol, cannibis, LSD, and MDMA. Send the Feds a message--regulation we could live with, prohibition is less than useful.

Is salvia still legal in your state with no bills pending? Contact your rep and see if you can initiate interest in a salvia regulation bill.

Part 3
Uh-Oh, a ban bill's been introduced in my state--what can I do now???
[to be continued]
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