BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Gloria Romero, Chair A
2007-2008 Regular Session B
2
5
9
AB 259 (Adams)
As Amended January 7, 2008
Hearing date: April 29, 2008
Penal Code
JM:br
SALVIA DIVINORUM :
PROHIBITION OF SALE TO MINORS - MISDEMEANOR PENALTIES
HISTORY
Source: San Bernardino County Sheriff
Prior Legislation: AB 797 (Lehman) - Ch. 1169, Stats. 1979
Support: California Narcotic Officers Association; California
Peace Officers' Association; California Police Chiefs
Association; California State Sheriffs' Association;
Peace Officers Research Association of California;
Sacramento County Sheriff's Department; Wonderland
Treatment Center; California District Attorneys
Association
Opposition:California Attorneys for Criminal Justice; one
private individual
Assembly Floor Vote: Ayes 76 - Noes 0
KEY ISSUE
(More)
AB 259 (Adams)
PageB
SHOULD THE SALE OR DISTRIBUTION TO MINORS OF SALVIA DIVINORUM BE
DEFINED AS A MISDEMEANOR?
PURPOSE
The purpose of this bill is to provide that the sale or
distribution to a minor of the plant salvia divinorum, as
specified, is a misdemeanor.
Existing law 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 $1000, nor more than $2500, or imprisoned for
not less than six months nor more than one year. (Pen. Code
380.)
Existing law 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 cream or aerosol
container of paint that is capable of defacing property without
first obtaining bona fide evidence of majority and identity.
(Pen. Code 594.1, subd. (a)(1).)
This bill 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 Salvinorin A, to any person
under 18 years of age shall be guilty of a misdemeanor.
This bill would make the offense punishable by imprisonment in a
county jail not exceeding six months; by a fine not exceeding
$1000; or by both a fine and imprisonment.
(More)
AB 259 (Adams)
PageC
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
California continues to face an extraordinary and severe prison
and jail overcrowding crisis. California's prison capacity
remains nearly exhausted as prisons today continue to be
operated with a significant level of overcrowding.<1> A year
ago, the Legislative Analyst's office summarized the trajectory
of California's inmate population over the last two decades:
During the past 20 years, jail and prison
populations have increased significantly. County
jail populations have increased by about 66
percent over that period, an amount that has been
limited by court-ordered population caps. The
prison population has grown even more dramatically
during that period, tripling since the
mid-1980s.<2>
The level of overcrowding, and the impact of the population
crisis on the day-to-day prison operations, is staggering:
As of December 31, 2006, the California Department
of Corrections and Rehabilitation (CDCR) was
estimated to have 173,100 inmates in the state
prison system, based on CDCR's fall 2006
population projections. However, . . . the
department only operates or contracts for a total
of 156,500 permanent bed capacity (not including
out-of-state beds, . . . ), resulting in a
shortfall of about 16,600 prison beds relative to
the inmate population. The most significant bed
shortfalls are for Level I, II, and IV inmates, as
well as at reception centers. As a result of the
bed deficits, CDCR houses about 10 percent of the
--------------------
<1> Analysis of the 2007-08 Budget Bill: Judicial and Criminal
Justice, Legislative Analyst's Office (February 21, 2007); see
also, court orders, infra.
<2> California's Criminal Justice System: A Primer.
Legislative Analyst's Office (January 2007).
(More)
AB 259 (Adams)
PageD
inmate population in temporary beds, such as in
dayrooms and gyms. In addition, many inmates are
housed in facilities designed for different
security levels. For example, there are currently
about 6,000 high security (Level IV) inmates
housed in beds designed for Level III inmates.
. . . (S)ignificant overcrowding has both
operational and fiscal consequences. Overcrowding
and the use of temporary beds create security
concerns, particularly for medium- and
high-security inmates. Gyms and dayrooms are not
designed to provide security coverage as well as
in permanent housing units, and overcrowding can
contribute to inmate unrest, disturbances, and
assaults. This can result in additional state
costs for medical treatment, workers'
compensation, and staff overtime. In addition,
overcrowding can limit the ability of prisons to
provide rehabilitative, health care, and other
types of programs because prisons were not
designed with sufficient space to provide these
services to the increased population. The
difficulty in providing inmate programs and
services is exacerbated by the use of program
space to house inmates. Also, to the extent that
inmate unrest is caused by overcrowding,
rehabilitation programs and other services can be
disrupted by the resulting lockdowns.<3>
As a result of numerous lawsuits, the state has entered into
several consent decrees agreeing to improve conditions in the
state's prisons. As these cases have continued over the past
several years, prison conditions nonetheless have failed to
improve and, over the last year, the scrutiny of the federal
courts over California's prisons has intensified.
The federal court has appointed a receiver to take over the
direct management and operation of the prison medical health
---------------------------
<3> Analysis 2007-08 Budget Bill, supra, fn. 1.
(More)
AB 259 (Adams)
PageE
care delivery system from the state. The crisis has continued
to escalate and, in July of last year, the federal court
established a three-judge panel to consider placing a cap on the
number of prisoners allowable in California prisons. It is
anticipated that the court will reach its decision this year.
In his order establishing the judicial panel, Judge Thelton
Henderson stated in part:
It is clear to the Court that the crowded conditions
of California's prisons, which are now packed well
beyond their intended capacity, are having - and in
the absence of any intervening remedial action, will
continue to have - a serious impact on the Receiver's
ability to complete the job for which he was
appointed: namely, to eliminate the unconstitutional
conditions surrounding delivery of inmate medical
health care.
. . . (T)his case is also somewhat unique in that even
Defendants acknowledge the seriousness of the
overcrowding problem, which led the Governor to declare
a state of emergency in California's prisons in October
2006. While there remains dispute over whether crowded
conditions are the primary cause of the constitutional
problems with the medical health care system in
California prisons, or whether any relief other than a
prisoner release order will remedy the constitutional
deprivations in this case, there can be no dispute that
overcrowding is at least part of the problem. . . .
The record is equally clear that the Receiver will be
unable to eliminate the constitutional deficiencies at
issue in this case in a reasonable amount of time
unless something is done to address the crowded
conditions in California's prisons. This Court
therefore believes that a three-judge court should
consider whether a prisoner release order is warranted
. . . . (Hon. Thelton Henderson, Order dated July 23,
2007 in Plata v. Schwarzenegger (N.D. Cal) No. C01-1351
TEH (citations omitted).)
(More)
AB 259 (Adams)
PageF
Similarly, Judge Lawrence Karlton stated:
There is no dispute that prisons in California are
seriously and dangerously overcrowded. () The
record suggests there will be no appreciable change
in the prison population in the next two years.
(Hon. Lawrence K. Karlton, Senior Judge, United
States District Court, Order dated July 23, 2007 in
Coleman v. Schwarzenegger (E.D. Cal.) No. S90-0520
LKK JFM P (citations omitted).)
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
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 divinorum" 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
(More)
AB 259 (Adams)
PageG
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: Salvia Divinorum is a Mexican Plant Used for
Minor Medical Purposes and Religious Ceremonies
Salvia divinorum is a native plant to the Mazatec region of the
Sierra Madre Mountains in Oaxaca Mexico. It has been described
as a form of sage or mint. The indigenous Mazatec people use
Saliva divinorum at low doses as a diuretic or to treat minor
ailments including diarrhea, anemia, headaches, and rheumatism.
In larger doses, it is used to enhance visions of the Mazatec
shaman during healing sessions.
The plant's active constituent is salinorin A, a potent -opioid
receptor agonist. When chewed or smoked, Salvia 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
minutes more before subsiding. After 15 to 20 minutes, baseline
reality returns. In comparison, LSD effects can persist for
eight to ten hours.
Salvia divinorum is not generally understood to be toxic or
addictive. Even as Savlia divinorum 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.
The suicide death of a teenager who used the drug has received
significant publicity. Media reports have noted that the minor
(More)
AB 259 (Adams)
PageH
may have suffered from depression before using Salvia divinorum.
Unlike most users, this minor used Salvia divinorum multiple
times, despite his parents' prohibitions. His suicide included
a vague reference to learning the secrets of life, and his
parents concluded that Salvia divinorum hallucinations led him
to conclude that life was pointless.
Many, if not most users in the United States have described the
effects of the drug as "unpleasant." Users typically do not
seek to repeat the experience.
(More)
3. Research into Promising Pharmacological Use of Salvia
Divinorum; Concerns about Use
by Minors
According to an NPR report from 2006, researchers are exploring
legitimate pharmaceutical uses for Salvia divinorum. The drug
attaches to the same receptors in the brain that are receptors
for opioids, such as morphine.
A printed addition to the NPR broadcast noted:
Scientific researchers say the public is right to be
concerned about the herb's growing abuse. But some say
salvia is also showing promise in legitimate laboratory
research.
Salvia divinorum's active ingredient, Salvinorin A,
is a powerful hallucinogen, "as potent as LSD, and
essentially, the most potent naturally occurring
hallucinogenic drug," says Dr. Bryan Roth, a
biochemist and neuroscientist at Case Western Reserve
University. Roth also directs the National Institute
of Mental Health's Psychoactive Drug Screening
Program. Three years ago, he and others in his
Cleveland lab discovered how Salvinorin A affects the
brain.
"What we found is quite remarkable and unprecedented
among naturally occurring drugs of abuse," Roth says.
"This compound seems to have absolute specificity for a
single receptor site on the brain." Studies have shown
that Salvinorin A works in the same place in the brain
as morphine and related pain reducers known as opioids.
"There's been some showing that by modulating opioid
receptors, you can potentially treat stimulant abuse,"
says Thomas Prisinzano, a University of Iowa professor
in the division of medicinal and natural products
(More)
AB 259 (Adams)
PageJ
chemistry.
Other medical, biochemical and pharmacological
scientists have published early studies suggesting that
research on Salvia divinorum and Salvinorin A might
eventually lead to new drugs that could be used to
treat Alzheimer's, schizophrenia and other diseases.
"The bottom line is, we really don't know enough and we
need to know more," Prisinzano says. "The field is
really beginning to grow, and we are beginning to know
and understand more of what Salvia and Salvinorin A are
able to do in the body."
He and others worry that classifying Salvia as a
Schedule One drug of abuse - a class that includes
marijuana and LSD - could slow or even halt promising
research. Yet because of salvia's powerful effects, few
believe that the drug shouldn't be regulated at all.
"Even experienced hallucinogen users say that the
effects of Salvia divinorum are qualitatively and
quantitatively different than any other hallucinogen
that they have ever taken," Roth says. "It appears to
cause an experience that we have dubbed 'spacio-temporal
dislocation.'"
In other words, if the dose is strong enough, users
take an instantaneous trip to another time and place,
an experience many first-time users of salvia find
too intense, disturbing and even frightening. Those
who try salvia often don't like it and won't try it
again. "Most people who do it hoping to have just an
interesting high find it confusing and
disappointing," says Daniel Siebert, who has
researched Salvia divinorum extensively and urges its
responsible use. "It's not something that's fun to
do. It doesn't have a stimulating effect. It doesn't
really have a euphoric effect."
AB 259 (Adams)
PageK
Siebert worries that salvia is being marketed to
teens and young adults as producing a marijuana-like
high, when nothing could be further from the truth.
He thinks salvia should be regulated in the same way
as alcohol - and be kept strictly off-limits to
teens.
IS SALVIA DIVINORUM DANGEROUS TO THE PHYSICAL OR MENTAL HEALTH
OF MINORS?
SHOULD SALE OR DISTRIBUTION OF SALVIA DIVINORUM TO MINORS BE A
MISDEMEANOR?
BECAUSE MANY OR MOST PEOPLE FIND THE EXPERIENCE OF USING SALVIA
DIVINORUM TO BE UNPLEASANT, WILL WORD OF MOUTH LIKELY GREATLY
REDUCE THE USE OF THIS DRUG?
***************