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. AB 259 Page 2 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 AB 259 Page 3 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