In Which States is Salvia Divinorum Illegal?

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    History

    • Salvia divinorum is a hallucinogenic plant native to certain areas of Sierra Mazateca in Oaxaca, Mexico. The proliferation of use and availability of Salvia began in the 90's, as the internet made it easier to acquire the plant.

    Effects

    • Consumption of salvia can cause a dissociate effect in the user, creating hallucinations for brief periods of time, typically between a few minutes and a half hour.

    Legal Status

    • While salvia is legal in most states, there are several in which it is illegal. As of 2009, the states in which salvia is illegal include: Delaware, Florida, Illinois, Kansas, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota and Virginia.

    Other States

    • A few states, specifically Louisiana, North Carolina, and Tennessee, only allow the sale of salvia if it isn't intended for human consumption. California and Maine allow the sale of salvia to adults but not minors. The remaining states have no laws governing salvia, as yet.

    Penalties

    • In states where salvia is illegal the penalties for possession and distribution can be stiff. While the penalties vary from state to state, jail sentences can range from one to ten years and fines can be as high as $20,000, and the charge is almost always a felony.

    Federal Law

    • While salvia divinorum is not illegal under federal law, the DEA has listed it as a drug of concern and is evaluating whether is should be banned federally.

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