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Published - Monday, March 24, 2008
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Lawmakers consider banning hallucinogenic herb

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Legislators in Minnesota have joined a national trend by pushing to ban a virtually unknown — and legal — hallucinogenic herb even as some officials and store owners say it’s not really a problem.

Not to be confused with its more decorative, harmless cousins in the mint family, salvia divinorum — also known as “Diviner’s Sage,” “Sally-D” or “Magic Mint” — has hallucinogenic properties when its leaves are chewed or smoked. Used for centuries by shamans in Mexico for religious reasons, the psychedelic plant has achieved more recent, recreational use here in the United States.
Downtown Book & Video on Third Street in Winona sells Salvia divinorum, a hallucinogenic drug that Minnesota legislators are looking to ban. (Photo by Andrew Link/Winona Daily News)

The immediate psychedelic effects of salvia include an out-of-body sense of traveling through time and space or merging with inanimate objects. The effects generally last up to an hour, shorter than hallucinogenic comparables like LSD or PCP.

Long-term effects of the drug’s use are not well known. Some contend the drug leads to higher levels of depression, citing the plant being listed as a contributing factor to a teen’s suicide in Delaware in 2006.

Mostly because of that incident, states such as Delaware, Louisiana and Missouri have banned the plant as a Schedule I drug, classifying it with other drugs such as methamphetamine, heroin and marijuana. More than a dozen other states have proposed legislation that would also ban the plant and its extracts.

Minnesota State Rep. Joe Atkins, DFL-Inver Grove Heights, has spearheaded the effort to ban salvia in Minnesota. His bill classifies salvia as a Schedule IV drug, joining the likes of diet pills, sleep aids and anti-anxiety drugs. If the bill were to become law, possessing or selling salvia would be a felony punishable by up to five years in prison and a $10,000 fine.

Atkins said he authored the bill after seeing news reports of both the legality and hallucinogenic properties of salvia.

“It’s a pretty potent hallucinogen akin to LSD and PCP,” he said. “Its use is rampant in high schools and on college campuses because it’s legal to buy and it gets you high.”

So far, Atkins hasn’t seen outright opposition to his proposed bill but admitted it might be difficult to pass such a bill this legislative session because it comes with a “very modest” cost to enforce the new law. He said state budget woes make it tough to find money available for such enforcement. Atkins said the bill’s first go-around in the legislature would mostly be an educational run to teach people about the drug. It will have more likelihood of becoming law in future sessions.

But others say banning the plant goes too far.

Peter Andrews, who sells the herb at Downtown Book and Video as an incense product, said legislation to make the plant illegal would be “restricting” and “unnecessary.” He said just because something legal is misused by people doesn’t mean it should be banned from the shelves. He used air fresheners as an example, explaining kids can huff their fumes to get high, but the product is perfectly legal to purchase.

“Pretty soon we’d have to stop selling light bulbs because kids would be using them as drugs,” Andrews said.

The plant’s use isn’t exactly widespread. According to a study released last month by the U.S. Department of Health and Human Services, less than 2 percent of respondents in 2006 between the ages of 18 and 25 reported using salvia within the last year.

Run-ins with users of salvia are essentially non-existent for local law enforcement, too.

Winona Police Deputy Chief Paul Bostrack said salvia isn’t a problem in the city. He said he vaguely recalled one case that happened within the past year, but that’s about it.

“It’s not prevalent or a major problem,” he said, “but it’s around.”

Nonetheless, Atkins’ bill is in the Public Safety Finance Committee, awaiting approval. And with more than a month left in the 2008 Legislative Session, it could still become law and take effect Aug. 1.

Despite his opposition, Andrews said he would comply with the law.

“(Legislators) will do what they want to do,” he said. “If it was made illegal, of course we’d stop selling it.”

The Associated Press contributed to this report. Contact Kevin Behr at (507) 453-3524 or at kbehr@winonadailynews.com.
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d.lewis wrote on Mar 26, 2008 11:48 AM:

" Lets outlaw the most dangerous drugs of all. Alcohol and tobacco. These kill hundred of thousands a year. A weapon of mass destruction you might say. Twenty years at gitmo for the first offence. That should do the trick. Land of the free??? Ha!!!! "

The Ultimate Hustler wrote on Mar 24, 2008 9:48 PM:

" Exactly :) "

Me wrote on Mar 24, 2008 7:41 PM:

" With that logic, Hustler, why have any laws? "

chris465 wrote on Mar 24, 2008 5:47 PM:

" Its use is described as "rampant", but further in the article, and a simple search, describes its use as not common. Law enforcement hasn't made a dent in other drugs, but why not add another? And let's put the offenders in jail for five years, a little less than the average actual time rapists serve (5.4 years).

Also, a search on "Brett's Law" will find information about the individual who committed suicide in Delaware. The toxicology examination found no trace was found in his system. His death certificate was altered by the medical examiner to include Salvia use as a cause. Wikipedia (http://en.wikipedia.org/wiki/Brett%E2%80%99s_law) "

The Ultimate Hustler wrote on Mar 24, 2008 12:37 PM:

" Good idea. Outlawing drugs makes people stop doing them. "


The comments above are from readers. In no way do they represent the views of the Winona Daily News.

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