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
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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  








                                                                  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