BILL ANALYSIS
AB 259
Page 1
Date of Hearing: January 24, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 259 (Adams) - As Amended: January 7, 2008
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes it a misdemeanor, punishable by up to six months
in county jail and or a fine of up to $1,000, to sell Salvia
divinorum to a person under 18.
FISCAL EFFECT
1)No direct state cost.
2)Unknown, likely minor non-state reimbursable local
incarceration costs, offset to an unknown degree by increased
fine revenue.
COMMENTS
1)Rationale . The author contends that salvia divinorum, which is
legal in most states and can be easily purchased via the
internet and in some smoke shops, and can cause short-term
euphoria and vision-like states, should not be sold to persons
under 18.
2)Salvia divinorum . According to Potent Salvia, an organization
that offers salvia for sale via the internet and is dedicated
to educating the public about the "historical and spiritual
utility" of salvia divinorum, salvia is also known by the
Aztec Shaman as diviners sage - salvia divinorum. Shaman have
used the leaves of this plant for hundreds of years to
successfully induce out of body experiences, astral
projection, divination and enhance spiritual development.
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Potent Salvia states, "Salvia Extract users report experiences
such as: leaving their body and traveling in the astral world,
lucid out of body experiences, traveling back or forward in
time, feeling weightless and flying over the astral landscape,
seeing or feeling through another being's perspective, finding
hidden answers and secret knowledge, meeting entities and
other non-physical beings, a feeling of oneness and peace with
the universe."
According to the The Salvia Divinorum User's Guide, offered by
the Salvia Divinorum Research and Information Center: "Salvia
divinorum is a species of sage (the genus Salvia). There are
approximately 1000 species of Salvia worldwide, but Salvia
divinorum is the only vision-inducing species known. Salvia is
a member of a very large family of plants known as the
Labiatae. Because mint is a well-known member of this family,
it is sometimes referred to as the mint family. Salvia
divinorum makes a beautiful house plant, and it can be grown
just for that reason, but most people who grow this plant are
interested in its fascinating psychoactive effects.
"The botanical name Salvia divinorum means "Sage of the
Diviners." Under the right conditions, taken in the right way,
Salvia produces a unique state of "divine inebriation." For
hundreds of years, it has been used in religious and healing
ceremonies by the Mazatec Indians, who live in the province of
Oaxaca, in Mexico. The effects of Salvia are very different
from those of alcohol; but like alcohol, it impairs
coordination. Never, ever, attempt to drive under the
influence of salvia--doing so could prove fatal!
"Salvia contains a chemical substance called salvinorin A.
Salvinorin A is responsible for Salvia's mind-altering
effects. It is not chemically related to any other
psychoactive drug. Unlike most visionary compounds, it is not
an alkaloid. Pure salvinorin A is extremely potent. Doses of
only several hundred micrograms (millionths of a gram) will
have an effect, and doses above 1 milligram (1/1000 of a gram)
are too much for most people to handle comfortably. Because of
its extreme potency, pure salvinorin A should never be used
unless the dosage has been precisely measured with an
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extremely accurate chemist's scale. Fortunately, Salvia leaf
is hundreds of times weaker than pure salvinorin A; therefore,
Salvia leaf can be used much more safely?
"Salvia divinorum is a legal plant in most countries.
Missouri, Louisiana, Tennessee, and Delaware are the only
states in the USA that prohibit its use. Salvia divinorum is
entirely legal in all other states. Australia, Denmark,
Belgium, Italy, and South Korea are the only countries that
have enacted legislation making possession of Salvia divinorum
and/or salvinorin A illegal. Spain prohibits the sale of
Salvia divinorum, but not possession or use. In Finland,
Norway, Iceland, and Estonia, it is illegal to import Salvia
divinorum without a relevant prescription from a doctor."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081