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

[Paradoxic]

Salvia divinorum is under threat of becoming illegal in many states and it has already been made illegal in some. This article consists of ways you can help keep Salvia legal as well as an updated list with Salvia's legal status around the world.

U.S. state by state legal status
Refer to State by State sub-forum.

International legal status (updated August 28, 2007)
This is a list of countries that have taken salvia into legal consideration whether that may be criminalization or regulation.
* = Legislation passed

Australia*
On June 1st of 2002, Australia became the first country to ban Salvia divinorum and all of its components. Their reasoning simply counted on the fact that they believed Salvia divinorum had no medical use and that it was only used in ritual ceremonies.

Denmark*
As of August 23, 2003, Salvia divinorum became a Category B drug according to Danish law. This means the drug can only be used for scientific and medicinal purposes.

Finland*
In August of 2002 Finland made it illegal to import Salvia divinorum without a prescription.

Italy*
In March of 2005, Itally added Salvinorin A and Salvia divinorum to its "Table I" of psychotropic substances. Up to 20 years an prison can result from possessing more than a half miligram of Salvinorin A.

Spain*
As of February 6, 2004, Spain made it illegal to sell or buy Salvia divinorum. Possession, use and cultivation is still legal.

Sweden*
On April 1st, 2006 Sweden added Salvia divinorum and Salvinorin A to its list of controlled substances.

United States
In 2002 Rep. Joe Baca (D- California) proposed the Congress bill HR 5607 to schedule Salvia divinorum as a Schedule I drug federally. Due to the many letters from scientists (such as Daniel Siebert's letter, see below) saying that outlawing it would prohibit important research, Baca's law did not pass in Congress. Rep. Joe Baca said that he will not reintroduce the bill.

United Kingdom
In October 2005, Bassetlaw MP John Mann proposed an Early Day Motion calling for Salvia divinorum to be banned in the UK (EDM796). The motion has stopped being debated and analyzed after receiving only 11 signatures.

Sources:
Erowid's Salvia Law Vault
Wikipedia's Legal Status of Salvia

Other ways to help keep Salvia legal:

• Visit your local vendors (smoke shops, etc.) or contact online vendors and inform them that Salvia divinorum is at risk of becoming illegal in more and more states. Encourage them to prohibit sale to minors (under 18) and encourage their customers to use Salvia responsibly. Print them out Daniel Siebert's User Guide and urge them to include it or something similar with their Salvia products.
  Topic listing irresponsible online vendors: http://www.salviasource.org/forum/salvia-law/list-of-irresponsible-salvia-vendors/0/
• Flag YouTube videos that show people using Salvia irresponsibly (hopefully they will be removed from YouTube)
• Support the Salvia Divinorum Defense Fund

Please post comments on ways you have taken action. If you have any updates on Salvia's legal status please post and the changes will be added to this article. Also lets brainstorm some more ideas on how to keep Salvia legal.

[Dominaduro]

Should this be made sticky in the salvia law forum? I think it's totally valid as an item in the knowledge base, but I also think it'd be easier to find and would be better classified.

Dominaduro

[DrYRHead]

I agee. It would make it easier to find.

[Synchronium]

Anyone know who's in the wrong if someone from the UK shipped to some parts of the US, or Denmark for example?

[Dominaduro]

I really have no clue...but most sites usually state which places they won't ship to because I think there is a possibility that they could get in trouble (even though it's the shippers that do the shipping).

Good question.

[DrYRHead]

Herb vendors do seem more cautious in this respect then do fake Pharmacies. I think that a few of those fake on-line Pharmacy vendors did get extradited to other countries, like the USA, to be convicted and sentenced. However, it seems that most of the time thy authorities seem to try to go after the receiver of the goods first. 

[JD1stTimer]

I find it really quite sad that Australia banned it simply because the only use for it was for ritual purposes.  Are they really that anti-freedom that performing rituals is not in any way protected?  At least in the U.S. the Uniao Vegetal was recognized by the Supreme Court as having the right to use the substance DMT simply because it was a ritual of their religion, and likewise Catholics could take communion using wine during alcohol prohibition.  It's unfortunate that an obviously illegal racial standard for the religious use of peyote has been able to stand for so long.

To every Democratic in Joe Baca's district, I hope you realize now that a D next to a name means nothing as far as the values you care about are concerned.

[DrYRHead]

From what I have heard Australia is pretty much anti-herbs in general, and they have banned several other herbs too. Both kratom and ephedra have been banned there, as well. I don't think that Australia has freedom of religion, or freedom of speech and press like we are supposed to have in the USA, either. 

[JD1stTimer]

That's sad.  Neither do we.   I wonder if there's an equal protection defense for sacramental peyote use by non-tribal people?  Obviously it's the correct position, but I don't think anyone cares about that any more.  Still, the judge that could explain to me why my race is incorrect for me to practice the Native American religion would hopefully be laughed off the bench.  If someone could just manage to get the judge to put it in writing that their blood has the wrong genes in it to be afforded those religious protections.

[humage]

I've heard that Virginia has now proposed a new bill (HB21) to make Salvia Divinorum illegal. So far it's passed through the Committee and the House, but it has yet to pass the Senate.

http://www.richmondsunlight.com/bill/2008/hb21/

[JD1stTimer]

Well, at least so far it's being regulated in the Constitutional manner (up to the states to decide).  I wonder what the feasibility of religious arguments would be?  At least MstryShovel and I apparently see the same entity when we partake.  Is that enough to legally call it a bona fide communion tool?  It's something I have never seen until I used Salvia, so I don't know any other way to contact it.

[Paradoxic]

I've heard that Virginia has now proposed a new bill (HB21) to make Salvia Divinorum illegal. So far it's passed through the Committee and the House, but it has yet to pass the Senate.

http://www.richmondsunlight.com/bill/2008/hb21/

Thanks, I updated the article. But look at this:

Salvinorum A as a Schedule I hallucinogenic

Look, they incorrectly spelled Salvinorin A  Any fool with an Internet connection could have figured that one out. This only further proves the level of ignorance we are dealing with here. On the bright side, maybe that will invalidate the law shhhhh

[JD1stTimer]

Yeah, but they're not just any fools with regular internet connections, they're Super Fools with a series of tubes flowing into their houses!

[mconlonx]

When checking out the list of state laws or states considering laws, the Congresscritters references are Federal Senators and Reps. While they would be important if a bill was being considered in the US Congress, these are not the movers and shakers at the State level. If you are considering writing to anyone about a state ban, it should not be the US Senators and Reps--do a bit of research into who the bill sponsors are at the state level, what committee will consider a ban bill and the list of committee members, and of course your own Rep and Sen.

[Paradoxic]

When checking out the list of state laws or states considering laws, the Congresscritters references are Federal Senators and Reps. While they would be important if a bill was being considered in the US Congress, these are not the movers and shakers at the State level. If you are considering writing to anyone about a state ban, it should not be the US Senators and Reps--do a bit of research into who the bill sponsors are at the state level, what committee will consider a ban bill and the list of committee members, and of course your own Rep and Sen.

This is definitely true, I didnt even think about this. I really appreciate this suggestion, I will get on it immediately. Genius+