BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 259|
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THIRD READING
Bill No: AB 259
Author: Adams (R)
Amended: 1/7/08 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/29/08
AYES: Romero, Cogdill, Cedillo, Margett, Perata
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 1/29/08 - See last page for vote
SUBJECT : Salvia divinorum: prohibition of sale to
minors misdemeanor penalties
SOURCE : San Bernardino County Sheriff
DIGEST : This bill provides that the sale or distribution
to a minor of the plant salvia divinorum, as specified, is
a misdemeanor.
ANALYSIS : Existing law provides that any person who
sells, dispenses or distributes toluence, 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 fiend 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.
Existing law provides that it shall be unlawful for any
CONTINUED
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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 pain that is capable
of defacing property without first obtaining bona fide
evidence of majority and identity.
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 Salvinorim A, to
any person under 18 years of age shall be guilty of a
misdemeanor.
This bill makes 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.
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 plants 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
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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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/18/08)
San Bernardino County Sheriff (source
California District Attorneys Association
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
OPPOSITION : (Verified 6/18/08)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT: According to the author's office,
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
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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 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.
ASSEMBLY FLOOR :
AYES: Aghazarian, Anderson, Arambula, Bass, Beall, Benoit,
Berg, Berryhill, Blakeslee, Brownley, Caballero, Charles
Calderon, Carter, Cook, Coto, Davis, De La Torre, De
Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson, Eng,
Evans, Feuer, Fuentes, Fuller, Gaines, Galgiani, Garcia,
Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,
Huff, Huffman, Jeffries, Jones, Karnette, Keene,
Krekorian, La Malfa, Laird, Leno, Levine, Lieber, Lieu,
Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello,
Parra, Plescia, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Spitzer, Strickland,
Swanson, Torrico, Tran, Villines, Walters, Wolk, Nunez
NO VOTE RECORDED: Adams, Sharon Runner, Soto, Vacancy
RJG:do 6/23/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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