Sally D legality in Wisconsin

[Andyman]

Are there any lawyers that are on salviasource.org?  Or any one else who can read this and tell me what it means.  Looks like Salvia is being banned to anyone under age 18(which is okay in my opinion, I'm open for other opinions).  I'm going to try to attach a PDF file for viewing of this same document.  Please someone help me translate this.

Andy

2009 − 2010 LEGISLATURE
2009 ASSEMBLY BILL 186
April 2, 2009 − Introduced by Representatives CULLEN, STASKUNAS, RICHARDS,
GUNDERSON, BERCEAU, NASS, KLEEFISCH, BIES and SPANBAUER, cosponsored by
Senators PLALE, TAYLOR and LEHMAN. Referred to Committee on Public Health.
AN ACT to create 941.318 of the statutes; relating to: salvinorin A and providing
a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits manufacturing, distributing, or delivering salvinorin A, a
psychotropic ingredient in the plant Salvia divinorum, with the intent that it be
consumed by a person. However, the prohibition does not apply to manufacturing
a form of salvinorin A that is recognized by the U.S. Food and Drug Administration
as a homeopathic drug and that may be obtained from a retail store without a
prescription, or to distributing or delivering such a form of salvinorin A to a person
who is 18 years of age or older. The penalty for violating the prohibition is a fine not
to exceed $10,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 941.318 of the statutes is created to read:
941.318 Salvia divinorum. (1) In this section:
(a) “Deliver,” with respect to salvinorin A, has the same meaning given in s.
961.01 (6) with respect to a controlled substance or controlled substance analog.
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2009 − 2010 Legislature − 2 − LRB−1004/1
RLR:kjf:ph
ASSEMBLY BILL 186 SECTION 1
(b) “Distribute,” with respect to salvinorin A, has the same meaning given in
s. 961.01 (9) with respect to a controlled substance or controlled substance analog.
(c) “Manufacture,” with respect to salvinorin A, has the same meaning given
in s. 961.01 (13) with respect to a controlled substance or controlled substance
analog.
(2) Except as provided in sub. (3), whoever manufactures, distributes, or
delivers salvinorin A with intent that it be consumed by an individual may be fined
not more than $10,000.
(3) (a) Subsection (2) does not apply to the manufacture of any dosage form of
salvinorin A that may be obtained from a retail establishment without a prescription
and that is recognized by the U.S. Food and Drug Administration as a homeopathic
drug.
(b) Subsection (2) does not apply to the distribution or delivery to an individual
who is 18 years of age or older of any dosage form of salvinorin A that may be obtained
from a retail establishment without a prescription and that is recognized by the U.S.
Food and Drug Administration as a homeopathic drug.
(END)
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[flourishing]

Translation - it is illegal unless some company begins to manufacture it as a homeopathic herb/drug (like St. John's wort capsules) and has it verified through the food and drug admin.  Essentially, unless it is available over the counter in a pre-manufactured form, it is illegal in the state.

[Nezahualcoyotl]

Well then that is bullshit.

[Andyman]

Did you read the part at the very bottom that states if you are 18 years or older you can purchase it any strength.  Too me, the way it reads is it's banned for under-age persons.  Flourishing, did you read the very bottom of the bill, what does that mean?  As far as I know they're still selling it at head shops locally, so WTF?  I'm really tired of all these assembly reps trying to pull their B.S.  I've already sent my local reps emails but I guess it's time to break out the snail mail this really pisses me off.  Side note, I've dealt with anxiety and depression for the later half of my life.  Salvia effects seem to increase my mood and activity levels long after the effects have subsided.  I take once daily Zoloft by prescription. I've heard people have went psycho on Zoloft too.  So are they going to ban that too and pretty soon I'll be confined to my room overcome by anxiety and panic attacks until I mentally crack or die.  Thanks for listening I know I strayed the path, I've vented and I feel much better now.

[flourishing]

However, the prohibition does not apply to manufacturing
a form of salvinorin A that is recognized by the U.S. Food and Drug Administration
as a homeopathic drug and that may be obtained from a retail store without a
prescription, or to distributing or delivering such a form of salvinorin A to a person
who is 18 years of age or older.

They are saying that regardless of age, if Salvia is not put into a form that looks like a drug (i.e. in a bottle clearly marked Salvinorin A, like a box of Claritin) then it is illegal.  They are probably still selling it because the bill has not been enacted yet.  For instance, in NC the bill is drafted and accepted but doesn't take effect until December of 2009.

Sorry guys, it looks like having salvia about can be a dangerous thing in the state of wisconsin.

I don't partake of Salvia but I do grow it, and in the state of NC it is perfectly legal to have it as a part of one's garden.  I'm very thankful for that part of the NC bill!

[drift]

What a joke. Thanks, Wisconsin law makers, I feel safer already...

... just kidding, suck my balls.

[flourishing]

Right on, Drift.  Doesn't it make you feel safe to know that some psycho isn't out there chewing up some salvia and preparing for world domination?

[kjackson2282]

So, i dont get it. We can go to a headshop and buy<loss your balls tripping extract but cant grow the damn plant. Is that really what it says? WTF. It'd be like saying cocca plants are agianst the law but cocaine, thats a safe drug, snort up bubba.

[Hero4Evz]

No. The plant along with salvinorin are illegal until the FDA approves the use of salvinorin or salvia at which point companies can start producing it as a homeopathic drug. So currently and for what appears to be for a long while salvia and salvinorin is illegal in Wisconsin.

[Andyman]

It hasn't been passed into law yet. It is currently in the commitee
of health and public safety. Please I urge u to do like I did and
send a real letter (not email) to your representative and to the
president of the health committee. You can find out all the info
about it at the wi senate website (google it). These letters are
the only way to stop this from happening. Tell ur pro-salvia friends
to do the same. I've already sent letters to my reps and the
president of the health committee and I plan on sending more.
The time is now before it's passed into law. Right now it's only
legislation. Please send letters, ask questions, challenge authority.
Or this will pass and it's one more battle won for "the man"

[Andyman]

All this rests in these peoples hands right now.  Start sending your letters.

http://www.legis.state.wi.us/W3ASP/CommPages/IndividualCommittee.aspx?committee=Public+Health%2c+Senior+Issues%2c+Long-Term+Care%2c+and+Job+Creation&house=Senate