Legally High? Legal Considerations ofSalvia divinorum

Abstract

The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

Salvia DivinorumUse among a College Student Sample

“…Indeed, it is available for sale in most "head shops" and is widely available through Internet proprietors. The inaction on the part of the DEA in controlling Salvia divinorum, which usually is at the forefront of drug regulation, has left the individual states with the rare option of deciding for themselves how to deal with the use, possession, and sale of this drug (Griffin et al, 2008).…”

“…During this period when the DEA first assessed the threat of Salvia divinorum and eventually placed the plant on this list of concern, there has been an unconventional movement to begin banning this plant and/or its psychoactive extract at state and local levels (Griffin, Miller, & Khey, 2008). While St. Peters, Missouri, and the state of Missouri were the first to prohibit Salvia divinorum, the main catalyst of its prohibitions appears to be the suicide of a Delaware teenager named Brett Chidester.…”

“…Although Salvia divinorum use as a direct cause of suicide is most likely an oversimplification of his death, legislation was quickly passed to place this plant and its extract within Schedule I of Delaware's Controlled Substances Act (Brett's Law). Soon after, a handful of states outlawed the substance by listing it as a Schedule I drug in their respective controlled substances acts or by a statute of unique design that places restrictions on Salvia divinorum in a non-traditional way (e.g., outside of controlled substances acts) (Griffin et al, 2008).…”

Neuropharmacology of the Naturally Occurring κ-Opioid Hallucinogen Salvinorin A

“…Several reviews have been published that describe some specific facets of the chemical derivatization and psychopharmacology of salvinorin A (Prisinzano, 2005;Vortherms and Roth, 2006) as well as the abuse potential of S. divinorum (Babu et al, 2008;Griffin et al, 2008). In this review, we will describe in depth how S. divinorum advanced from being a hallucinogenic tool for divination rituals to being a source of therapeutic potential for the treatment of gastrointestinal disorders, pain, stimulant dependence, and mood disturbances.…”

Salvia Divinorum: Exposures Reported to a Statewide Poison Control System Over 10 Years

“…A literature search in the PubMed database in December 2008 revealed no clinical case reports or case series on the acute toxic effects of S. divinorum. Despite this paucity of published data, many states in the United States, as well as international governing bodies, have proposed listing this plant as a scheduled or illegal substance (6,7). This retrospective study describes the clinical and demographic details of inquiries made to a statewide poison control network regarding exposures to S. divinorum and non-hallucinogenic Salvia species over a 10-year period.…”