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Author Topic: Texas (TX)  (Read 8979 times)
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Paradoxic
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« on: September 03, 2008, 05:29:36 PM »

Bills Proposed: SB257 and HB126 both Introduced Nov 10th 2008; HB 839 (SB257 companion bill)
Current Status: HB 126 & HB839 in Stage 1 (of 7 stages); SB257 in Stage 3
Classifications: HB126 is Penalty Group 3 & SB257 and HB 839 are Class C misdemeanors
Actual Wording of the Bill: HB126 & SB257 & HB839
Penalty: Unknown for HB126; SB257 & HB839 = Class C misdemeanor punishable by a $500 fine
Current Bill Status Page: HB126 Status & SB257 Status & HB839
Contact State Representatives:
   - House of Representatives
   - Senate
External Links: Wikipedia | Erowid
Action Leader: N/A  (to apply please post a reply to this topic)


Details
HB126 which was introduced on Nov 10th, 2008 by Representative Anderson seeks to categorize Salvia divinorum and Salvinorin A as Penalty Group 3 substances under the Texas Controlled Substances Act. If passed would go into effect September 1, 2009.

SB257 was introduced Nov 10th, 2008 by Senator Estes and seeks to prohibit Salvia divinorum sales to Minors. The bill states that if the minor presents an apparently valid proof of identification that the person can not be punished. It also states that a person CAN be prosecuted if they were an employee who sold Salvia divinorum to the minor. If passed, this would also go into effect September 1, 2009.

HB839 was introduced January 29, 2009 by Representative "Mando" Martinez and is the companion bill to SB257 and thus is identical to SB257.


Take Action
Send letters to state representatives

Attend public hearing
This is the most effective way to take action against a ban. If you know about an upcoming date for a hearing please post it and it will be added here. You can search the state web sites to look for public hearing dates.
*Please post any public hearing dates you know of

Suggested key points:
  • Salvia is not a problem: No emergency room admittances, no drug counseling or addiction services admittances, no salvia related crime being reported by LEO, no superintendents speaking out against it. No deaths, and poison control rates it as a very low priority. Salvia has been around for a couple decades, or at least as long as the current meth plague--if salvia was going to be a widespread problem, it would have been by now.
  • Medicinal and/or scientific potential
  • Salvia is NOT a recreational substance and cannot be grouped with LSD, mushrooms, ecstasy, marijuana, etc. (ex: not addictive, short-acting, non-toxic, unappealing/unpleasant as a recreational substance)
  • Religious use. History dating back thousands of years of indigenous use and decades of contemporary spiritual use. Without apparent harm or addictive tendencies.
  • Arguments against rest almost exclusively on hearsay: unsubstantiated internet videos (search on alcohol and compare the number of videos), and the marketing claims of unscrupulous sellers.
  • Suggest age restriction instead of an outright ban (give examples of this being done in Maine and California)
*Please suggest other tips/links

Public hearing tips:
  • Good resource: http://www.ctkidslink.org/action_howtestify.html#anchor368848
  • Do research in your own state. Go the your state DEA or Office of Substance Abuse website and dig around a bit. Find out how much it costs to arrest, prosecute, and jail per person for drugs crimes and include that figure in your arguments against a ban. The ME financial report associated with a ban indicated minimal fiscal impact, but using their own reported figures, it turns out that it costs near $60,000 for each successful drug crime prosecution.
*Please suggest other tips/links

Discourage irresponsible sale
Visit your local smoke shops or send them letters to encourage them not to sell Salvia divinorum to minors and include safety information about using Salvia divinorum. You can print out a User Guide (or part of it) to give to them.

Spread the word: Send this page to a friend


*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: April 04, 2009, 09:06:01 PM by Yossaria » Logged
Yossaria
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« Reply #1 on: December 30, 2008, 11:58:25 PM »

Looks like there may be an anti-salvia revival in Texas from the same Rep. as before, although this appears to be just a feature on the senators.

http://www.wacotrib.com/news/content/news/stories/2008/12/30/12302008waclegeWEB.html

Anyone here, especially anyone from Texas, should really keep a look out and work on fighting any legislation.
« Last Edit: January 08, 2009, 11:59:45 PM by Yossaria » Logged
Yossaria
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« Reply #2 on: January 13, 2009, 12:09:19 AM »

Current Status: Introduced week of Jan. 5, 2009
Classification:Penalty Group 3
Bill Reference: HB 126 http://www.legis.state.tx.us/Search/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTLO%2fTLO.dbo.vwCurrBillDocs%2f81%2fR%2fH%2fB%2f00126%2f1%2fB%40TloCurrBillDocs&QueryText=HB+126&HighlightType=1

Details:
This bill was introduced last week (not sure the exact date) and seeks to make categorize Salvia divinorum and salvinorin A as Penalty Group 3 substances under the Texas Controlled Substances Act.  It is another bill by Representative Anderson, and if passed would go into effect September 1, 2009.
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JustAnotherRegularGuy
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« Reply #3 on: January 13, 2009, 11:18:21 AM »

I have updated the main post with the new bill info you found. Please keep us all informed of any updates and try to gather as many people from Texas to write into their legislators. This worked in Michigan and can work in Texas too. I just tried getting a hold of Brian from www.MazatecGarden.com in Houston Texas but my email got returned saying his inbox is full! I am sure he would have some good info on fighting the bill since his business is heavily involved with Salvia divinorum and there have been two bills introduced in the past.

JARG
« Last Edit: January 13, 2009, 11:42:50 AM by JustAnotherRegularGuy » Logged
Sasquatch
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« Reply #4 on: January 13, 2009, 08:27:13 PM »

Interesting that the law does not ban salvinorin A outright, but only if it was extracted from plant material.

Quote from: bill
(10)  Salvia divinorum, unless unharvested and growing
in its natural state, meaning all parts of that plant, whether
growing or not, the seeds of that plant, an extract from a part of
that plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of that plant, its seeds, or extracts,
including Salvinorin A.

People have successfully synthesized salvinorin A, and that would be legal according to this text. If the text means to make salvinorin A illegal even when synthesized, then that would also make water illegal, since it can similarly be extracted from Salvia divinorum.
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JustAnotherRegularGuy
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« Reply #5 on: January 14, 2009, 10:12:25 AM »

I had to read that a couple times, but yes I agree. Salvinorin A would only be illegal if it came from the plant. A synthesized version would still be OK. The way I read this is that this bill would make illegal "anything that is part of the plant...." So yes, since water is part of the plant, it would be illegal according to this bill. Stupid lawmakers!

JARG
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Tribal Elder
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« Reply #6 on: January 14, 2009, 11:22:52 AM »

Is this a Felony or a Misdemeanor?
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JustAnotherRegularGuy
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« Reply #7 on: January 17, 2009, 05:54:09 PM »

Is this a Felony or a Misdemeanor?


I have just done some more research into this and cleaned up and updated all the links above. It looks as if two bills (One from the House and one from the Senate) were introduced on the same day of Nov. 10th 2008.

The sales to minors bill is a Class C misdemeanor (I don't know the penalty for that) and I am having a hard time finding penalty for the Bill that puts Salvia divinorum into Penalty Group 3. It looks as if it depends on how much is on the person and whether or not there was intent to manufacture and deliver.

Anyone from Texas who can enlighten me on these unanswered questions?

JARG
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Yossaria
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« Reply #8 on: March 27, 2009, 02:16:32 PM »

Texas now apparently has a third bill in the works...I've updated the main TX post.
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Yossaria
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« Reply #9 on: April 04, 2009, 08:30:46 PM »

Well, looks like we have some good news to report as far as Texas bills go.

SB257: Passed Senate (Stage 3)
Austin American Statesman
News Journal Online

Marshall News Messenger
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mAD tEXAS sCIENTIST
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« Reply #10 on: April 08, 2009, 06:49:55 PM »

Seems I have some work to do (lots of letters to send out  Tongue)
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« Reply #11 on: April 20, 2011, 07:58:50 PM »

http://www.texastribune.org/texas-legislature/82nd-legislative-session/texas-house-tentatively-approves-salvia-ban-/


More terrible news. I just wish that our government would, just this once, operate on the basis of logic. The one advantageous thing about this I can think of is that if it becomes illegal, I'm assuming that it will simply disappear. I highly doubt there would be a salvia black market, and it's illegality would keep it out of irresponsible hands.
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rockstr2
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« Reply #12 on: May 29, 2011, 05:10:09 AM »

http://www.texastribune.org/texas-newspaper/texas-news/midday-brief-top-texas-headlines-may-25-2011/

i believe this is good news for us here in Texas  Grin

"Rep. David Simpson a Longview Republican with a penchant for surprising his colleagues, today effectively killed a bill to ban salvia (or to the botanist: Salvia divinorum). Simpson said from the House floor that he was ready to use the parliamentary procedure of talking for 10 minutes during debate on Senate Bill 348, reducing the measure to legislative ashes."
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Lucas
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There's that smell again...


« Reply #13 on: August 14, 2011, 11:40:30 PM »

can't remove it though? if you can remove it, remove all of our posts. lol

Done...
« Last Edit: August 15, 2011, 12:30:24 AM by Lucas » Logged

Thoughts become things. Choose good ones.
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