BILL ANALYSIS
AB 259
Page 1
Date of Hearing: January 15, 2008
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 259 (Adams) - As Amended: January 7, 2008
FOR VOTE ONLY
SUMMARY : Makes it a misdemeanor to sell Salvia divinorum to
any person who is under 18 years of age. Specifically, this
bill :
1)Provides that any person who sells, dispenses, distributes,
furnishes, administers, gives, or offers to sell, dispense,
distribute, furnish, administer or give Salvia divinorum, or
Salvinorin A, or any substance or material containing Salvia
divinorum or Salvianorin A, to any person under 18 years of
age shall be guilty of a misdemeanor.
2)Makes the offense punishable by imprisonment in a county jail
not exceeding six months; by a fine not exceeding $1,000; or
by both a fine and imprisonment.
EXISTING LAW :
1)Provides that any person who sells, dispenses or distributes
toluene, or any substance or material containing toluene, to
any person under 18 years of age shall be guilty of a
misdemeanor and upon conviction shall be fined in a sum of not
less than $1,000, nor more than $2,500, or by imprisonment for
not less than six months nor more than one year. (Penal Code
Section 380.)
2)Provides that it shall be unlawful for any person, firm or
corporation, except a parent or legal guardian, to sell or
give or in any way furnish to another person, who is in fact
under the age of 18 years, any etching ream or aerosol
container of paint that is capable of defacing property
without first obtaining bona fide evidence of majority and
identity. [Penal Code Section 594.1(a)(1).]
AB 259
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, ""Recently, a
substance has been discovered being sold on the Internet and
in local 'smoke and head' shops across the state which has
been identified as a hallucinogenic herb. This substance is
called 'Salvia' or ' Salvia divinorum'. As of now, this
substance is legal to sell to minors in the State of
California. 'Salvia' should not be confused with the numerous
Salvia plants which can be purchased from nurseries as
ornamental plants. For the most part, 'Salvia divonorum' is
grown in Mexico but cuttings can be grown in the United
States. The effects produced by Salvia divinorum are not
comparable to any other effects produced by the other
psychoactive substances (i.e., peyote, psilocybin, LSD, etc.).
This also includes variables of the user, such as body
weight, sensitivity, strength, and dose taken and method used.
The effects can range from subtle to extremely strong,
causing an individual to have out-of-body experiences and
create a real potential for physical danger to oneself and
others. Salvia cannot be considered a 'party drug' or have
any social use whatsoever. In fact, people under the effects
of Salvia are usually not social with others and do not
interact with people while having their hallucinating
experience. This substance is being used by individuals of
all ages, but becoming more popular among high school
students."
2)Background : Savlia divinorum is a native plant to the Mazatec
in Mexico. The Mazatec use Savlia divinorum at low doses as a
diurectic or to treat minor ailments including diarrhea,
anemia, headaches, and rheumatism. In larger doses, it is
used to enhance visions of the Mazatec shamen during healing
sessions.
The plant's active constituent is salinorin A, a potent -opioid
receptor agonis. When chewed or smoked, Savlia divinorum
leaves result in a range of effects including uncontrollable
laughter to a change in consciousness for a short time. The
effects peak within one minute and only last for one to five
minute3)s more before subsiding. After 15 to 20 minutes,
baseline reality returns. In comparison, LSD effects can
AB 259
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persist for eight to ten hours. The most commonly reported
after-effects include an increased feeling of insight,
improved mood, a sense of calmness, and increased sense of
connection with nature. In a survey of 500 users, the
self-reported, long-term effects (over 24 hours) was
"antidepressant-like effects" (25.8%), while 4.4% experienced
negative effects (most often anxiety).
Salvia divinorum is not generally understood to be toxic or
addictive. Even as Savlia dininorum has become availabe in
modern culture, medical experts and accident and emergency
rooms have not reported any particular health concerns, and
the police have not reported a significant issue with public
order offenses.
REGISTERED SUPPORT / OPPOSITION :
Support
San Bernardino County Sheriff's Department (Sponsor)
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Peace Officer Research Association of California
Sacramento County Sheriff's Department
Wonderland Treatment Center
Opposition
California Attorneys for Criminal Justice
Drug Policy Alliance Network
Seven private individuals
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744