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Author Topic: North Carolina (NC)  (Read 4892 times)
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Paradoxic
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« on: September 03, 2008, 04:03:03 pm »

Bill Reference: SB138: Filed versionlVersion 1lVersion 2lRatified
Classification: Unlawful manufacture, sale, delivery, or possession of Salvia divinorum
Status: PASSED on August 28, 2009 (law comes into effect Dec 1st, 2009)
Sponsors: William R. Purcell (Main Sponsor)
                Stan Bingham (Co-sponsor)
                Katie G. Dorsett (Co-sponsor)
                John Snow (Co-sponsor)
                David F. Weinstein (Co-sponsor)

Details:
SB138 makes it unlawful to manufacture, sell, deliver, or possess Salvia divinorum. A violation of the law on the first or second offense is subject to a fine of not less than twenty‑five dollars ($25.00). On a third or subsequent offense the person is guilty of a Class 3 misdemeanor. There is an exception that the law does not apply to (1) employees or contractors of any accredited college or school of medicine or pharmacy at a public or private university in [North Carolina] while performing medical or pharmacological research for such institution or to (2) possession, planting, cultivation, growing, or harvesting of a plant strictly for aesthetic, landscaping, or decorative purposes. The law was signed by the governor on August 28th, 2009 and comes into effect Dec 1st, 2009.

*Please post a reply if you have any additions or updates for this page.
*Please post about any action you are taking in this state.
« Last Edit: October 11, 2009, 09:49:45 pm by Paradoxic » Logged
that_pete_guy
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« Reply #1 on: February 17, 2009, 08:17:35 pm »

I knew it was only a matter of time before NC jumped on the Ban Salvia Bandwagon.
Here's an article from the N&O

http://www.newsobserver.com/politics/story/1408316.html

and a link to the bill:

http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S138

The article just goes to show how misinformed the Legislator is regarding Salvia. At least the article doesn't sensationalize Salvia and offers other expert viewpoints.
Pete
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« Reply #2 on: February 18, 2009, 10:54:44 am »

Thanks for the heads up!

[Genius +]
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skagardener
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« Reply #3 on: February 20, 2009, 10:26:20 pm »

i got on to check up and see if anyone heard.

i am soooo busy with school and work that i cannot keep up with it, but if someone can keep me informed through pm i will make time on the day/or if it goes to court

the drve to raleigh isnt a short one, but i am willing to make the drive. i would be proposing an age limit or either grow permission if i attend. thanks everyone
Paul
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amer1canjackass
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« Reply #4 on: March 16, 2009, 08:33:50 pm »

ok first how stupid. im 18 and i smoke salvia quite often. i havent had a bad trip yet. this is a herb that is too be taken very seriously, but not outlawed by no means.  there are certain rules you should follow it you do smoke this. 1. should have someone there 2. be in a good mood (if you are naturally depressive person, dont try) 3. dont drive while on this. there is a reason why you should have and age limit. and i was reading how he compared it to meth. i am pretty sure meth is manufactured as in people made, salvia is a natural growing plant. and at the bottom of the bill it said effective in october 2009, with all no respect w. t . f., this is just stupid. im outa here
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johnpr
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« Reply #5 on: March 17, 2009, 06:40:07 am »

ok first how stupid. im 18 and i smoke salvia quite often. i havent had a bad trip yet. this is a herb that is too be taken very seriously, but not outlawed by no means.  there are certain rules you should follow it you do smoke this. 1. should have someone there 2. be in a good mood (if you are naturally depressive person, dont try) 3. dont drive while on this. there is a reason why you should have and age limit. and i was reading how he compared it to meth. i am pretty sure meth is manufactured as in people made, salvia is a natural growing plant. and at the bottom of the bill it said effective in october 2009, with all no respect w. t . f., this is just stupid. im outa here


well the bill said the Comission needs to find that it has a high potential for abuse, and there is no scientific evidence to support that

I hope the bill dies in process. 



 
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Yossaria
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« Reply #6 on: March 17, 2009, 11:48:22 am »


well the bill said the Comission needs to find that it has a high potential for abuse, and there is no scientific evidence to support that

I hope the bill dies in process. 
 

Better yet, anyone that can (particularly anyone in North Carolina) should send a letter (or letters) to the sponsors of this bill as well as the committee members.  We shouldn't rely on the bill dying in the process, especially with the number of bills this year that have already passed.
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johnpr
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« Reply #7 on: March 17, 2009, 10:56:42 pm »

True.

It is extremely vital for someone registered in N.C. to send their representative a letter, probably an email as well.

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that_pete_guy
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« Reply #8 on: April 30, 2009, 04:03:34 pm »

Well the bill was brought up in the Judiciary II committee on Wed. The bill has been changed and adopted by them and re-referred to the Committee On Appropriations/Base Budget. The new text is as follows:
 

Short Title:        Salvia Divinorum Unlawful.
 (Public)
 
February 12, 2009

A BILL TO BE ENTITLED

AN ACT to Create the OFFENSE of unlawful manufacture, sale, delivery, or possesssion of salvia divinorum.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 52 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑401.23. Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.

(a)        It shall be unlawful for any person to knowingly or intentionally manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver Salvia divinorum or Salvinorin A.

(b)        It shall be unlawful for any person to knowingly or intentionally possess Salvia divinorum or Salvinorin A.

(c)        A violation of this section is punishable as follows:

(1)        For a first or second offense under this section, the person is responsible for an infraction and shall be required to pay a fine of not less than twenty‑five dollars ($25.00).

(2)        For a third or subsequent offense under this section, the person is guilty of a Class 3 misdemeanor.

(d)        For purposes of this section:

(1)        "Deliver" means the actual constructive or attempted transfer of Salvia divinorum or Salvinorin A from one person to another.

(2)        "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of Salvia divinorum or Salvinorin A by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging of the substance, or labeling or relabeling of its container, except that this term does not include the preparation or compounding of the substance by an individual for the individual's own use.

(3)        "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a plant.

(e)        The provisions of this section shall not apply to:

(1)        Employees or contractors of any accredited college or school of medicine or pharmacy at a public or private university in this State while performing medical or pharmacological research for such institution.

(2)        The possession, planting, cultivation, growing, or harvesting of a plant strictly for aesthetic, landscaping, or decorative purposes."

SECTION 2.  This act becomes effective December 1, 2009, and applies to acts committed on or after that date.


Alot more reasonable than the original language but it still makes it illegal for personal use.
Pete
« Last Edit: April 30, 2009, 04:05:05 pm by that_pete_guy » Logged
Yossaria
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« Reply #9 on: May 01, 2009, 08:57:38 pm »

e) The provisions of this section shall not apply to:

(1)        Employees or contractors of any accredited college or school of medicine or pharmacy at a public or private university in this State while performing medical or pharmacological research for such institution.

(2)        The possession, planting, cultivation, growing, or harvesting of a plant strictly for aesthetic, landscaping, or decorative purposes."


Wow.  I think by far this is the most interesting clause to the bill, and (as far as I know) the first of its kind.  None the less, I think anyone in the state should continue or start to send letters to the appropriate legislators.  I'll try to update the main bill section of this page - may take a couple days, though.
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Sasquatch
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« Reply #10 on: May 01, 2009, 11:41:12 pm »

e) The provisions of this section shall not apply to:

(1)        Employees or contractors of any accredited college or school of medicine or pharmacy at a public or private university in this State while performing medical or pharmacological research for such institution.

(2)        The possession, planting, cultivation, growing, or harvesting of a plant strictly for aesthetic, landscaping, or decorative purposes."


Wow.  I think by far this is the most interesting clause to the bill, and (as far as I know) the first of its kind.  None the less, I think anyone in the state should continue or start to send letters to the appropriate legislators.  I'll try to update the main bill section of this page - may take a couple days, though.
Many bills have had the landscaping exception.

In this case, the scientific exception is very likely due to Roth’s tenure at University of North Carolina. Nothing like local patriotism to get politicians’ juices flowing.
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Yossaria
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« Reply #11 on: May 02, 2009, 12:20:12 pm »

Yeah - I knew about the landscaping part.  It's the research part that I found interesting.

Good point about Roth - any research occurring in a state is probably something to note when writing or speaking against bans.
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Nezahualcoyotl
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« Reply #12 on: May 03, 2009, 12:32:13 pm »

Any updates on N.C.?

It seems like they are trying to offer loopholes for legitimate users and researchers.

Quote
(2)        "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of Salvia divinorum or Salvinorin A by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging of the substance, or labeling or relabeling of its container, except that this term does not include the preparation or compounding of the substance by an individual for the individual's own use.

Huh?

Quote
except that this term does not include the preparation or compounding of the substance by an individual for the individual's own use.

Huh? Does that mean it's legal for personal, private, individual use?! That is exactly how I think it should be!
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Nezahualcoyotl
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« Reply #13 on: May 03, 2009, 06:03:05 pm »

I am going to send an email to William R. Purcell about bill- SB138.

It seems he was a Pediatrician, so perhaps he is a sensible man...

http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S138

email- [email protected]


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Nezahualcoyotl
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« Reply #14 on: May 03, 2009, 06:13:35 pm »

I sent him this-

 Dear,  Mr. William R. Purcell, I have noticed that a bill to restrict Salvia (Bill Reference-  SB138 [http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S138]) has been brought forth. This deeply concerns me, while I do agree that it is a problem with Kids getting a hold of the herb and am working diligently here in our great State of N.C. to change the law to only allow sales to people 21+. However, I STRONGLY disagree with banning it for all people. There is absolutely no harm with adults using this herb responsibly. in fact it has been used by the Mazatecs in Mexico for thousands of years without any harm.
     So far all medical research shows that the herb is non addictive, non habit forming, non toxic, and nearly impossible to overdose on. It's toxicology is incomparable to alchol, Not a single person has ever died of Salvia overdose.Salvia divinorum has been shown to have promising potential in curing diseases like Alzheimer's, depression, and even H.I.V. by leading doctors and scientists.
     Some states like Maine and California have passed common sense legislation which leaves the herb legal for adults while banning sale and possession of the herb to anyone under 18. This allows important medical research to continue while keeping out of the hands of our kids. Georgia and Tennessee have also decided to pass legislation to keep it legal for anyone who wants to landscape with it or keep it for research purposes. I also think that the religious use of this plant is not to be overlooked, many people consider this plant sacred and restricting it will infringe upon their rights of religious freedom. Please feel free to contact me if you need any information on where I get my facts from. There are many published scientific papers I can refer you to.

In short, Salvia divinorum is a non-addictive and non-toxic and safe for ADULT use (at least as safe, if not more safe than alcohol) so I encourage you to not ban the plant outright, but set an age limit of either 21 or 18 as we do with other drugs like alcohol and tobacco.


Please send more emails! As many as you can!
« Last Edit: May 03, 2009, 06:15:21 pm by Teotzlcoatl » Logged

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Yossaria
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« Reply #15 on: May 04, 2009, 07:24:16 pm »

Teotzlcoatl - awesome.  Grin Thanks for sending the letter.  Just a couple suggestions - be sure to profreed your letters/e-mails for general spelling and grammar errors and it may be helpful to cite a couple (though not neccesarily all) the studies or sources your information is based on.

Keep up the work!
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Nezahualcoyotl
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« Reply #16 on: May 04, 2009, 07:25:07 pm »

I'll send another one soon.
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Nezahualcoyotl
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« Reply #17 on: May 04, 2009, 07:26:12 pm »

What are some good things I can link them too?

Or books?

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Yossaria
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« Reply #18 on: May 18, 2009, 10:40:38 pm »

Heads up - this bill passed the second and third readings in the Senate last Thursday (5.14.2009)
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Nezahualcoyotl
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« Reply #19 on: May 19, 2009, 02:22:28 am »

Meaning?

It passed? It's in effect... or? What?

Sorry, I'm slow. Smiley

I'm going to send another letter very soon!
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