Keep Salvia Legal Campaign (& Salvia's legal status)

Part 3
Uh-Oh, a ban bill's been introduced in my state--what can I do now???

So there was news stories, and you posted to internet forums, and everyone chimed in:

"Uh-oh, you better take it underground..."
"It was inevitable, get your cuttings and stock up while you can."

And then what?

In some cases nothing. You didn't hear about it, you don't occasionally (is twice a month asking too much?!?) search "[your state] salvia" on the search engine of your choice.

You don't realize that some comittee you've never heard of at the state capital has done actual research and figured out on their own that salvia is very much not a cut and dry case.

-or-

You don't realize that a ban has passed in your state and order up some salvia and get arrested on felony charges. Or find out too late that a ban has passed critical opposition points, when you vowed you'd fight it if it ever happened on your watch.

Here's how it works:

A ban bill is introduced.

Either someone in the media will pick up the story from AP or other media feeds on a slow news day, or someone with some kind of special interest will find a legislative sponsor to back their ban bill. In either case, some poor tool of a legislator will be tricked into sponsoring a ban bill.

On the media end, there's Mama Chidester, pushing her own view of reality. Check the wikipedia salvia divinorum entry and especially the history for a full review of the Brett Chidester suicide. No idea what efforts she is making directly, but she is referenced in most stories and available any time anti salvia reporting pops up. But for the most part, media reports appear to be more lazy reporting than anything else. Regurgitation of sensatioalist aspects with a local slant is the way these things go. Find a local source, reference YouTube videos, corner a local politicial, and Bob's your uncle. Even the more reasonable reporting is unbelievably prohibitionist. And once they corner a politician, look out.

The other way ban bills get introduced is by constituent complaint. In Maine, the constituent who garnered the attention of her local Representative happened to be the head of the Maine Office of Substance Abuse. In California, the constituent was a doctor who owns a treatment center. Either hardly pass any kind of straigt face test when you consider the appearance of conflict of interest...

But nonetheless, a ban bill has been introduced. Here's what you should do, and in what order:

Actually before legislation is introduced, but sure to precede a ban bill, an unbalanced media piece hits:

a) If there's a comment section for online content, comment!
b)Write the editor or producer of the piece with what you see wrong in the reporting. Can't hurt.
c) If they corner some legislator, find out their contact info and let them know that Salvia is not the cut and dry case they think it is, and that it will be vigorously opposed. Suggest regulation, sales 18+ like cigarettes, instead. Contact your own State Representative and Senator stating your opposition and copy them in on any and all correspondence to State legislators.
d) Spread word of this on internet forums, blogs, etc.

Aside:
Legislative procedure can vary from state to state, but in general follow this path. Or rather, this is the path followed in Maine, and you should definitely check out procedure in your own state so you don't get surprised with salvia legislation. They count on your igornance...
0) Bill is never introduced, or is stalled at any level, or is amended to regulation at any step of the way.
1) Bill gets a sponsor.
2) Bill is accepted by House or Senate for consideration and assigned to committee.
3) Committee considers bill. In some states, this is when a public hearing is announced and held--and when opposition is most effective.
4) Bill is forwarded back to House or Senate for vote, with amendments and preference of committee noted.
5) Bill is submitted to the other chamber for consideration, committee meeting, and vote.
6) Bill is signed by governor
7) Salvia is banned in your state.

0) Bills fail more than they pass. It happens over and over again, at any stage of the fight. Whether dropped in committee, never taken up in the first place, or amended to regulation, bans fail every time there is opposition to them.

1) Bill gets a sponsor. Either a constituent makes a suggestion or a legislator comes up with a smart idea. They sponsor legislation and write up a draft of it. This usually happens at any time, but most effective is late fall. Despite letting the sponsoring legislator know that their bill is doomed or that they should consider regulation like ME or CA, they move ahead and convince the legislature to consider a ban bill based on misrepresentations and lies about salvia. No problem.

2) Bill is introduced. Either to the Senate or House, the bill joins a whole slew of others for considerattion. You would not believe some of the things that are proposed. Seriously--if everyone looked into it, legislators would be run out on a rail and replaced with reasonable people. These are vetted and a vote is taken on what should be forwarded. Action items:
a) You could plausibly spam the entire branch with an anti-ban arguments before this to waylay a bill at this point.
b) Write the sponsor and your own rep/sen again opposing it, with references.

3) Committee considers bill. OK, here's your best bet. A limited group of people looking into the matter supposedly in depth so as to make the best recommendation they can regarding the legislation, to the branch they report to. They are also the people who can suggest amendments to the legislation. These are the people you need to make your most cohesive, referenced, concise, and nuanced arguments to. These are the legislators you need to focus the most of your resources on. These are the people lobbyists try to influence, but oddly, flesh and blood constituents can count for more than special intrest representatives on this level. Write these people. Focus on the concrete--salvia is not a demonstrable problem, prosecuting felons costs an already overwhelmed system even more--rather than the abstract--prohibition doesn't work, plants should not be outlawed. Destoy their arguments--unsubstantiated internet vids and the claims of unscrupulous vendors should not be cause to ban a harmless substance. Demand figures--Emergency room admittances, instances of salvia related crime, superintendent concerns, treatment center admissions. Ask where salvia relates at state level poison centers. The figures are all on our side and calling them on it embarasses ban supporters and makes committees feel like they are being used... no one likes that...

Show up at public hearing. There is nothing more effective you can do to defend saliva than this. It is proven to work over and over again. For real. Any time there is opposition to a ban, any time committees are presented with the truth about salvia rather than the warped view presented by ban supporters, bans fail. Any time no one speaks out against bans with mere reason, bans pass. Simple as that. In 2007, a ban was dropped in OR after two people spoke out against a ban. In 2007, a ban was amended to regulation of sales to 18+ after two people spoke out against a ban. In 2007, a ban was amended to regulation in CA after people spoke out against a ban at public hearing.

Prepare and rehearse what you're going to say, but never forget that you're just talking to people who don't know a thing about salvia, other than what they've been misled about... and that the other side can't refute your truths. Point out the weaknesses of their arguments and the strength of yours. Stay on point, and again, don't tangent off into why you think all drugs should be legal. That's not helpful...

Bring a written transcript of what you say, and enough copies to distribute to each member of the committee (send it to them before hand, email and/or snail mail, cc your rep on all communications...).

Take notes and record your experience to special interest boards, forums, blogs, etc.

4) Really, committee was your best bet because now it goes to the full branch for vote. These people have hundreds of bills to consider. If they see one where the committee is unanimous (i.e. no one opposed a salvia bill at committee level) they will rubber stamp it. Same with an amended bill forwarded with the even a mixed vote. The point being that you can write every single individual member of that branch of the legislature, but they will still tend to vote along with the committee's recommendation rather than listen to someone who didn't bother or wasn't effective enough to effect something different at the committee level. If a ban gets to this level, hate to say it, but you might be screwed.

Branch passes commitee recommended bill for consideration of next branch.

5) Bill passes to next branch. Either a Senate bill hits the House or vice versa. Follows the same process as above. Some states appear to not do committee consideration at this point, some do. On something like this, if it make it to vote, it will likely pass with the same margin it did in the other house. Write the whole branch, write especially the committee members, show up for a public hearing if held.

Vote is held, bill passes.

6) Governor signs it. Write the Gov, cc your Rep and Sen, but if it gets this far, count on it passing.

7) Note effective date of enforcement. Consider moving to another state. Or country.

Can't stress it enough. The sooner you know about pending legislation, the sooner you can respond. The sooner you respond, the more effective your opposition will be. Opposing salvia bans take little time and resources--it is its own best proponent and the sheer facts are usually enough to get committees to reconsider bans. But when no one gives committees the facts, bans pass. Simple as that.