Michigan Salvia Legal Status - Help fight HB5700 before it's passed

[JustAnotherRegularGuy]

Salvia Divinorum is under threat of being scheduled in Michigan, help fight before it is too late.

House Bill HB5700 threatens to schedule Salvia Divinorum in the state of Michigan. I wanted to share some links for anyone who lives in Michigan and wants to help fight the bill. I encourage you to get involved fighting at the state level. You can make a difference and help keep this herb legal.

The bill was introduced by Michael Sak on Feb 12th 2008, and passed in the House on Mar 5th 2008. It still has to go to the Senate for a vote after it comes back from the Health Committee. You need to let the Michigan Senate know you want this herb kept legal.

if you live in Michigan and want to help, all you need to do is email your Representative and Senator. It takes 5 minutes and can make the difference.

To see the current status of House Bill HB5700:
http://legislature.mi.gov/doc.aspx?2008-HB-5700

To see if the Senate "Health Policy" Committee will be discussing bill HB5700 in the next few weeks (always current):
http://legislature.mi.gov/doc.aspx?CommitteeMeetings

If you want to be notified of any meetings or public hearings, email the following clerks. All committee meetings are open to the public, however the public can only speak at a public hearing: As an example this is what I emailed
House: committee@house.mi.gov
Senate Health Policy Committee Clerk Holly Nester: hnester@senate.michigan.gov
email body:
Good morning,

    I am writing to request that I be notified when bill HB5700 is put on the committee agenda for discussion or is scheduled for a public hearing. I have a strong interest in this bill and would like to attend any such public hearings.

Thank You,
<Name>
<Address>
<Phone>



To find your Representative:
http://house.michigan.gov/find_a_rep.asp

To find your Senator:
http://senate.michigan.gov/SenatorInfo/find-your-senator.htm

You can use this template or write a simple note stating you want to oppose HB5700:
http://www.salviasource.org/includes/letters/letter%20template1%20-%20daniel%20siebert.htm

JARG

[Sea Mac]

I support you. 

Make note to the Legislators that 2 States (CA and Maine) only regulate it to minors and MOST other states permit Cultivation if not grown as a hallicinogen!

[JustAnotherRegularGuy]

I wanted to add some more information on what is happening in Michigan. The Senate is waiting to hear back from the Health Policy Committee and this is currently where the bill is at. However, the House had referred the bill to it's own Health Policy Committee earlier this year and this is the report that came back.

You can see in the report where they mention that students are finding out about Salvia from videos on posted on YouTube.
IMO We need to continue to mark these videos where kids are "tripping" as inappropriate and try to get them removed from YouTube.

I do agree with part of the report that mentions that it may be premature to schedule Salvia as there is ongoing medical research with Salvia's ability to regulate dopamine levels.

And at least one part of this report gives me a hope...

"Some people would prefer to regulate Salvia in the same manner as tobacco and alcohol, meaning prohibiting sales to minors, encouraging responsible use, and punishing irresponsible behavior (such as driving under the influence). The State of Maine passed this kind of legislation rather than a ban in 2007."






Here is the full report:



Legislative Analysis
                                                                           Mitchell Bean, Director
SALVIA DIVINORUM & SALVINORIN A:                  Phone: (517) 373-8080
                                                                           http://www.house.mi.gov/hfa
CLASSIFY AS SCHEDULE 1 DRUG
House Bill 5700 without amendment
Sponsor: Rep. Michael Sak
Committee: Health Policy
Complete to 2-29-08

A SUMMARY OF HOUSE BILL 5700 AS REPORTED FROM COMMITTEE
        Salvia divinorum, or "Salvia", sometimes called Diviner's Sage, is a member of the sage
        genus and the Lamiaceae (mint) family with psychoactive properties, and salvinorum A is
        the main active psychotropic molecule in Salvia divinorum. According to the Sloan-
        Kettering Institute, the herb "has been cultivated by the Mazatec people of Mexico for
        centuries for use as a hallucinogen during religious ceremonies."
        House Bill 5700 would amend the Public Health Code to classify Salvia divinorum and
        salvinorum A as Schedule 1 drugs. The bill would also delete an obsolete provision
        pertaining to a marihuana controlled substances therapeutic research program that no
        longer is in operation.
        The code's penalty provisions for unlawful acts involving controlled substances would
        also apply to activities associated with Salvia divinorum or salvinorum A. Use of either
        substance would be a misdemeanor punishable by not more than one year and/or a fine of
        not more than $1,000. Felony provisions would apply for conduct involving knowingly
        possessing Salvia divinorum or salvinorum A; manufacturing, creating, delivering, or
        possessing with intent to deliver either substance; or owning or using buildings, vehicles,
        or places to manufacture a controlled substance or a counterfeit substance.
        (Note: The penalty provisions of the code prescribe lower penalties for some violations
        involving LSD, peyote, and other hallucinogens. For example, use of a hallucinogen is a
        six-month misdemeanor and simple possession is a one-year misdemeanor. However,
        since the bill would not specifically include Salvia divinorum and salvinorin A in
        Sections 7403(2)(c) and 7404(2)(c), the higher imprisonment maximums would apply—a
        1 year misdemeanor for use and two-year felony for simple possession.)

BACKGROUND INFORMATION AND DISCUSSION:
        Following federal law, the Public Health Code classifies controlled substances under one
        of five "schedules." Scheduled drugs must have the potential for abuse (where, in
        general, the abuse is associated with a stimulant or depressive effect on the central
        nervous system). Schedule 1 drugs are illegal and without any medically accepted use in
        the United States. In addition to opiates and opium derivatives (including heroin),
        Schedule 1 includes hallucinogenic drugs (such as LSD and mescaline) and non-
        therapeutic uses of marijuana. Drugs in Schedules 2, 3, 4, and 5 are prescription drugs
        with medically accepted uses in the United States that have a potential for psychological
        or physical dependence in addition to the potential for abuse. A Schedule 2 drug would
        have a higher potential for dependence and abuse than would a Schedule 5 drug.
        Some people believe that Salvia should be prohibited as a Schedule 1 drug because there
        are no current medical uses for the herb. Salvia can be purchased, with no restrictions,
        around the state at smoke shops, tattoo parlors, and stores selling herbal products, as well
        as on the Internet. It is cheaper than marijuana (about $16 an ounce), thus becoming very
        popular with college students and high school and middle school students. Many find out
        about Salvia by viewing some of the hundreds of videos of people "tripping" on Salvia
        posted on the Internet site YouTube
        (It should be noted that the variety of Salvia cultivated by many Michigan gardeners
        would not be covered by the bill and does not contain the hallucinogenic substance that
        its Mexican cousin does.)
        The growing use of Salvia has led to concerns about the potential for abuse of the
        substance, and, because Salvia can affect a person's motor control and awareness of his or
        her surroundings, about the potential for physical harm or victimization that could occur
        when an individual is under its influence. At least eight states have enacted laws to
        prohibit or regulate the use of Salvia, as has Australia and several European countries.
        Legislation to do so is pending in over a dozen other states.
        However, several concerns have been raised about a ban on Salvia. Classifying the
        substance as a Schedule 1 drug may be premature, as the federal Drug Enforcement
        Agency is currently conducting a study to determine whether Salvia presents a public
        health risk. Further, according to the Memorial Sloan-Kettering Cancer Center, the
        active ingredient in Salvia—salvinorum A—is currently being investigated as a treatment
        for diseases that produce hallucinations, i.e., schizophrenia and dementia. According to
        other media reports, Salvia may be useful in treating other diseases as well, due to its
        ability to regulate dopamine levels. To ban Salvia as a Schedule 1 drug could have a
        chilling effect on ongoing research studies. It might be prudent to wait for the results of
        the DEA study before such prohibiting Salvia.
        Also, as written, the bill would punish offenses involving Salvia more harshly than
        stronger hallucinogens such as LSD. If Salvia is to be treated as a Schedule 1 drug,
        perhaps it should at least be treated similarly to other hallucinogens. Some people would
        prefer to regulate Salvia in the same manner as tobacco and alcohol, meaning prohibiting
        sales to minors, encouraging responsible use, and punishing irresponsible behavior (such
        as driving under the influence). The State of Maine passed this kind of legislation rather
        than a ban in 2007.
        In addition, there is some concern that banning Salvia could impinge on the right to
        practice religion, as Salvia has long been used to induce religious "visions."

FISCAL IMPACT:
         The bill's fiscal impact on state and local correctional systems would depend on how it
         affected the number of misdemeanor and felony convictions and the severity of
         sentences. There are no data to indicate how many people might be convicted of offenses
         involving the substances to be proscribed by the bill. To the extent that the bill increased
         the number of misdemeanor sentences, local costs of jail incarceration or misdemeanor
         probation supervision, both of which vary by jurisdiction, could increase.
         To the extent that the bill increased the number of felony sentences, the state could incur
         increased costs of prison incarceration or felony probation supervision. The average
         appropriated cost of prison incarceration is roughly $32,000 per prisoner per year, a
         figure that includes various fixed administrative and operational costs. Costs of parole
         and probation supervision average about $2,000 per supervised offender per year. To the
         extent that more felons were sentenced to jail, affected counties could experience
         increased costs; jail costs vary by county.
         Any increase in penal fine revenues could benefit local libraries, which are the
         constitutionally-designated recipients of those revenues.

POSITIONS:
         The Department of Community Health indicated support for the bill. (2-28-08)
         Representatives of the Waterloo Police and the Waterloo Police Explorers testified in
         support of the bill. (2-28-08)
         The Michigan Osteopathic Association indicated support for the bill. (2-28-08)
         The Michigan Pharmacists Association indicated support for the bill. (2-28-08)

                                                                Legislative Analyst: Susan Stutzky
                                                                     Fiscal Analyst: Marilyn Peterson

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does
not constitute an official statement of legislative intent.

Analysis available at http://www.legislature.mi.gov

[JustAnotherRegularGuy]

Thanks for the advice Carl, I found the letter you sent to the California legislature (http://members.cox.net/sageseeds/ab259o.html) and used it as a basis to send a similar letter via email tonight to both my representative and senator. I did a little bit of research with google and found many more sources to cite in my letter specific to Michigan. Your letter was a great leap forward for me to hit the ground running! I will also be mailing them a printed copy to make sure they get it. After doing a lot of reading it seems that when somebody (any regular citizen) speaks at an open committee about the proposed bill, it has always either gotten amended to regulate the plant or the ban gets turned down completely. This has me very excited and I am keeping a watchful eye on when the next meeting is so I can go speak at my capitol.

Damnit, I will fight to keep this plant legal in Michigan!

If anyone else lives in Michigan and wants to help fight to keep this herb legal you can use the modified letter below. Make sure to replace <NAME> with your name before you send it to your legislators.






A considered response to House Bill HB5700
June 9th, 2008.

Esteemed members of the House and Senate,

It has come to my attention that there have been a lot of "scare tactic" stories on TV, radio, and in the newspaper, about the evils and dangers of our kids smoking a hallucinogenic herb known as Salvia Divinorum. I have seen articles stating that this is the most dangerous drug to come along since marijuana, and those claiming it is addictive. Neither of these statements are true!

I have seen mostly lies and disinformation being publicly spread about this misunderstood plant, and I feel it is time for the truth to be told about it.

This plant has been around for many years, but only recently has there been mainstream negative attention associated with it. The truth is, when used by responsible adults in the privacy of their own homes, there is absolutely no harm in this plant.

In fact, this plant shows great potential for producing many new medicines, including: painkillers, new treatments for depression, diarrhea, mood disorders, Alzheimer's disease, and even a possible treatment for cocaine addiction. This plant is also very ornamental, making a wonderful privacy hedge, and is grown by thousands of people across the nation as a landscaping plant.



Some of the reasons Salvia Divinorum should not be a schedule I substance in Michigan include:

* It is used as a part of their landscaping and gardens by many Michiganders. If this bill becomes law it will make a lot of Michigan gardeners tear up their landscaping and gardens, or become felons. Even the state of Tennessee, in their public chapter number 700, provided that "it would not be a criminal offense to possess, plant, cultivate, grow, or harvest salvia divinorum for aesthetic, landscaping, or decorative purposes. Also, this amendment does not apply to any dosage that is legally obtainable from a retail establishment without a prescription when it is recognized by the FDA as a homeopathic drug." (1) Likewise, the states of Maine or Georgia do not prohibit gardeners' from landscaping with this plant.

* This plant has great potential therapeutic value. (2),(3) Recent research has indicated compounds in this plant may be the key to understanding and finally breaking the cycle of cocaine addiction. (4) Exciting new research into the KOR properties of salvia divinorum may lead to a major victory in the war on drugs, with a cure for the intense cravings cocaine holds its victims in thrall with! There is a team of Doctors at the University of Iowa, under Dr. Thomas Prisinzano, with funding from the National Institute on Drug Abuse (NIDA), that are now studying salvinorin A and attempting to develop derivatives that could be useful for treating methamphetamine and cocaine dependence.

* It is a natural healing sacrament with a long history of being used by spiritual seekers in religious settings. (5) A small church in New Mexico (UDV) recently won a Supreme Court case upholding the use of certain other plants as religious sacraments. "The religious freedom restoration act was adopted by congress to ensure that the government does not interfere with religious practices absent a compelling justification," (6)

* The Toxic Exposure Surveillance System (TESS) maintained by the American Association of Poison Control Centers has no reports of salvia divinorum specific poisonings. This plant is non-addictive and no one has ever died of an overdose. Accounts of serious medical sequelae or statistics on emergency visits related to use of the plant or chemical are virtually nonexistent. No citations were uncovered in a search of the Morbidity and Mortality Weekly Report. (7)

* The state of Michigan does not have the millions of extra enforcement and tax dollars to spare for making its citizens into criminals. In 2001 it cost taxpayers an average of $32,525 a year to house inmate. The state loses a taxpayer for each felon any new laws make and incarcerates - and extra taxes will be spent to house him or her! ( 8 )

* The state of Michigan does not have the extra jail cells to put all these proposed new felons in. The state of Michigan currently has so many prisoners in overcrowded jails that they recently passed House Bill 4725 which mandates certain prisoners be released from crowded jails. (9)

* The world's leading authority on salvia divinrum, Daniel Siebert, has dedicated the last 15 years of his life studying this remarkable plant and has written a report on the many benefits and safety of this plant: http://sagewisdom.org/lettertocsa.pdf

I now will quote from Sage Wisdom: the most respected and complete web site involved in research & acting as a clearinghouse for facts on this novel plant - http://www.sagewisdom.org/legalstatus.html

"Salvia divinorum is a valuable medicinal herb that is rarely abused. The profoundly introspective nature of its effects makes it unsuitable for recreational use. It is not habit-forming, not addictive, and does not present a significant risk to public health or safety. Because it is a powerful consciousness-altering herb, some regulation of sales is sensible and appropriate, but criminalizing possession certainly is not. It is appropriate to prohibit delivery to minors. It is also appropriate to prohibit reckless use, such as driving a vehicle while inebriated. It is reasonable to require that vendors provide detailed safety information and guidelines for responsible use. There are many already-existing non-drug-specific laws that can be enforced against reckless salvia users (e.g., laws that prohibit public endangerment, public intoxication, reckless driving, etc.). Legislation should only penalize irresponsible use, not all use. Legislation that imposes punishment for possession of Salvia divinorum is neither useful nor humane. A sensible approach would be to regulate salvia divinorum in a similar manner as alcohol and tobacco." (Daniel Siebert)

As an example of "a sensible approach" look to the legislation of the state of Maine. "(An amended) bill was approved in an 8 to 4 committee vote by lawmakers on the criminal justice committee. The amended bill would regulate salvia in the same way tobacco products are regulated in Maine. Adults 18 and over could legally purchase and use the material. Selling or providing salvia divinorum or salvinorin A to anyone under the age of 18 would be a criminal offense. Possession by a minor would be a civil violation, punishable by a fine, community service, or both."

Maine will regulate it under the existing state tobacco regulatory structure. Maine will not declare common gardeners felons. Maine will be saving hundreds of millions of dollars in enforcement funds, as well as saving on prison costs.

Maine has simply addressed the real problem underlying the media furor: somehow minors are getting hold of these 'adults only' materials. Make whomever is selling this to our children the felons, PLEASE, and do not legislate the private lives or spiritual pursuits of ordinary people.

California has now also passed a similar bill AB259 which keeps salvia divinorum out of the hands of kids while allowing responsible adults to still purchase it.

I recommend, as a scientist concerned for the public good, and also as an active voter concerned about the erosion of personal liberties in America, that you not pass this bill as it stands. I wholeheartedly agree with the state of Maine: "Selling or providing Salvia divinorum or salvinorin A to anyone under the age of 18 would be a criminal offense. Possession by a minor would be a civil violation, punishable by a fine, community service, or both".

I am not against laws being passed in respect to the regulation of this plant. I just wished to give you a friendly heads up that this plant could actually be a useful tool in the war against drugs! I wished for you to have the most complete set of facts with which to make the best laws with. After all, I live here in Michigan too.

Thank you for taking the time to read my concerns for the future of this state!

Regards,
<NAME>





Like any good factual based essay, I will now cite some of the legal & scientific research papers used by me in compiling this necessarily brief report.

(1) Gardeners should not be made felons! From the text of Tennessee public chapter number 700. http://tennessee.gov/sos/acts/104/pub/pc0700.pdf

(2) Antidepressant effects of the herb salvia divinorum: a case report. By Karl R. Hanes, PhD. Journal of clinical psychopharmacology (2001). http://www.sagewisdom.org/jclinpsych.html salvia shows potential in fighting depression!

(3) Salvia has painkilling potential & help for mood disorders Salvia divinorum: clinical and research potential. By Hanes KR. Maps bulletin 13(1): 18-20 (2003). This paper is in pdf format. http://www.maps.org/news-letters/v13n1/13118han.pdf

(4) Salvia could help end dependency on cocaine! Salvinorin a: from natural product to human therapeutics. By Vortherms TA and Roth BL. Molecular interventions. Vol.6 no.5 (2006). This review article is in pdf format. http://www.sagewisdom.org/vorthermsandroth.pdf

"These observations have led, in part, to the hypothesis that modulation of KOR signaling Pathways will be useful for the treatment of depressive behaviors. There is also significant evidence to support the involvement of KOR signaling pathways in the dependence of cocaine. [For review, see Hasebe, K., Kawai, K., Suzuki, T., Kawamura, K., Tanaka, T., Narita, M., and Nagase, H. Possible pharmacotherapy of the opioid kappa receptor agonist for drug dependence. Annals of the New York academy of sciences. 1025, 404-413 (2004). http://www.nyas.org/annals/detail.asp?annalid=764 ]."

(5) This plant has known spiritual uses: http://www.sagewisdom.org/shepherdess.html - this plant has a long history as a medicinal & healing plant!

(6) The supreme court holds up religious plant use by O Centro Espirita Beneficiente Uniao Do Vegetal (UDV): http://www.aclu.org/scotus/2005/21252prs20051101.html "The religious freedom restoration act was adopted by congress to ensure that the government does not interfere with religious practices absent a compelling justification,"

(7) the American civil liberties union, with their center for cognitive liberty and ethics, has published a PDF pamphlet explaining why salvia divinorum is not suitable for scheduling. http://www.cognitiveliberty.org/pdf/salvia_dea.pdf

( 8 ) According to the National Institue of Corrections, in 2001 it cost an average of $32,525 per year to house each inmate in taxpayer dollars. http://www.nicic.org/Features/StateStats/?State=MI
(9) In 2007 HB4725 was passed to relieve jail overcrowding. http://www.michiganvotes.org/2007-HB-4725

You can read more facts about the possible therapeutic uses of salvia divinorum at http://sagewisdom.org  It is my concern that you know this plant has great potential medicinal value (and makes a nice hedge, too).

And please do not stop the research into a cure for cocaine addiction! We need to WIN the war on drugs in our lifetimes or I fear it shall be lost forever. Thank You!

[DrYRHead]

Another thing you can mention;  Since tobacco and alcohol are regulated as to exclude sales to minors, it is actually harder for minors to get those things then say marijuana. In other words, banning marijuana has inadvertently made it easier for minors to procure marijuana then substances that they have to be carded to buy.  If they were to ban Salvia divinorum outright, it would just force it onto the black market. Of course, black market drug vendors(drug dealers) do not card youth. All they care is that they get money for the products that they sell. 

[Paradoxic]

Nice letter. Good points there with citations. Send that in and make it look very professional...get some of that parchment grade paper that Sea Mac used for his letter.

Also keep a keen eye out for the public hearing and be sure to attend it. Attending a hearing is by far the most effective way to oppose a ban. Glad to have another member who is enthusiastic about engaging in Salvia's legal struggle.

[JustAnotherRegularGuy]

Good idea Paradoxic. I am heading out now to pick up some nice parchment paper to print up my letter. I also re-read it and changed a few little grammar mistakes.

I have added a few more links in the original post on the first page of this thread. I found out you can email the clerk of the house and senate asking to be notified of any public hearings. This way I will know when I have to take a trip over to the capitol (which is a much closer drive than I thought it was!)

JARG

[JustAnotherRegularGuy]

So I printed up 9 copies of the letter on nice parchment paper and mailed them all out certified mail. 7 went to the Health Policy Committee in the state Senate (There are 7 members) where the bill is currently at. The other two letters went to my local Representative and local Senator. I heard back from my local Representative over email. It's in response to the original email I sent a few days ago where I had attached the same letter I just mailed out to him. I have x'd out the names for my privacy.





Dear xxx(JARG)xxx,
 
Thank you for contacting my office with your concerns about the Salvia Divinorum plant and its use.  I appreciate your taking the time to let me hear your voice.
 
HB 5700 passed the House of Representatives on March 5, 2008, with a vote of 96% of both Republicans and Democrats.  It is now in the Senate Committee on Health Policy.
Thank you again for expressing your opinion.  If I can be of any service in matters of state government, please do not hesitate to contact my office again.
 
Sincerely,
xxx(JARG's Representative)xxx





So it sounds like to me that he was genuinely willing to hear my concerns about the plant. I don't know why, but I was half expecting an email back with something to the effect of "You Damn Hippies need to stay out of the government's work" haha!


On a side note, I actually got on the radio tonight for about 15 seconds. The hosts were talking about how to bring money into Michigan and mentioned how California just passed the same sex marriage law and how it will bring in more money to the state. Then they got onto we should legalize marijuana to bring in money to the state and I called in to try and spread the word about the pending Salvia legislation. They basically said nobody knows what Salvia is and it doesn't matter one way or the other. Dumbasses!

JARG

[Snare]

I live in Michigan and i think they have way bigger things to worry about. Number one, clean up detroit! Wow what a city. Salvia is no concern of Michigan's.

[JustAnotherRegularGuy]

I believe the legal status of Salvia is important no matter what state you live in! The Salvia law hits closer to home for me personally than cleaning up Detroit, which is why I am fighting the bill.

JARG

[k2ybugger]

i don't think if meant it that way. i think if was trying to say michigan lawmakers should not be bugging us salvia users, especilly when they have more productive things to do.

[JustAnotherRegularGuy]

Oh, that makes sense too. Sometimes it's hard for me to pick up expressions in written word. My apologies Snare!

JARG

[Sea Mac]

Please revise my latest version of the Letter.

http://members.cox.net/sageseeds/ab259.html

You used the OLD Version I didn't mail!

I Intend to rewrite this Version

http://members.cox.net/sageseeds/ab259.html

for any state and include recent changes in the Law.

I didn't mail the version You used ... I mailed this one

http://members.cox.net/sageseeds/ab259.html

[Burkhart]

I live in Michigan and have already printed a few copies.  My brother, my wife, and I are all sending them to most reps in West Michigan, especially in the Grand Rapids area.

[Hero4Evz]

Hey Jarg. Along with your informing us of updated in the legislation please inform the MI group of any hearing. I can practically see the capitol from where I live (I'd actually have to walk 1/4 miles to get a clear view but close enough) so if there was a hearing I would deffinatly try in be there.