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 PsychoChipmunk
Small, Furry, Disturbed
Registered: 01/08/05
Posts: 389
Loc: A hole in your back yard
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 NC Senate Bill 138: "Salvia Divinorum Unlawful" 
#10721819 - 07/22/09 06:37 PM (3 years, 9 months ago) |
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The NC state legislature has a bill (SENATE BILL 138) in progress that would make Salvia divinorum unlawful in many/most scenarios. The text seems somewhat ambiguous in some regards. It would seem to be aimed at banning the sale or transfer of Salvia divinorum and Salvinorin A as well as cultivation/production for the same. It also goes on to say that it would be unlawful for a person to possess Salvia/Salvinorin A.
Interestingly, under the definition of "Manufacture," an exemption is made in regards to the "Manufacture" strictly for personal use... but not for possession. This seems contradictory. An exception is also made near the top of page 2 for, "The possession, planting, cultivation, growing, or harvesting of a plant strictly for aesthetic, landscaping, or decorative purposes."
Anyone have any thoughts on what this legalese really boils down to? Would the casual gardener with no intent to distribute Salvia be at risk?
The way the bill is worded leads me to believe that it would largely be up to a judge to interpret it in a relevant court case. Selling or transfer of the affected items, production for the same are expressly forbidden, but things are a bit muddy regarding cultivation and/or possession with no intent to distribute. I'm not a lawyer though, so my interpretations may be flawed or incorrect. The bill has already passed the state Senate with no opposition whatsoever.
Text of the bill:
1 A BILL TO BE ENTITLED
2 AN ACT TO CREATE THE OFFENSE OF UNLAWFUL MANUFACTURE, SALE,
3 DELIVERY, OR POSSESSION OF SALVIA DIVINORUM.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. Article 52 of Chapter 14 of the General Statutes is amended by
6 adding a new section to read:
7 "ยง 14-401.23. Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.
8 (a) It shall be unlawful for any person to knowingly or intentionally manufacture, sell
9 or deliver, or possess with intent to manufacture, sell or deliver Salvia divinorum or Salvinorin
10 A.
11 (b) It shall be unlawful for any person to knowingly or intentionally possess Salvia
12 divinorum or Salvinorin A.
13 (c) A violation of this section is punishable as follows:
14 (1) For a first or second offense under this section, the person is responsible for
15 an infraction and shall be required to pay a fine of not less than twenty-five
16 dollars ($25.00).
17 (2) For a third or subsequent offense under this section, the person is guilty of a
18 Class 3 misdemeanor.
19 (d) For purposes of this section:
20 (1) "Deliver" means the actual constructive or attempted transfer of Salvia
21 divinorum or Salvinorin A from one person to another.
22 (2) "Manufacture" means the production, preparation, propagation,
23 compounding, conversion or processing of Salvia divinorum or Salvinorin A
24 by any means, whether directly or indirectly, artificially or naturally, or by
25 extraction from substances of a natural origin, or independently by means of
26 chemical synthesis, or by a combination of extraction and chemical
27 synthesis. Manufacture includes any packaging or repackaging of the
28 substance, or labeling or relabeling of its container, except that this term
29 does not include the preparation or compounding of the substance by an
30 individual for the individual's own use.
31 (3) "Production" includes the manufacture, planting, cultivation, growing, or
32 harvesting of a plant.
33 (e) The provisions of this section shall not apply to:
General Assembly Of North Carolina Session 2009
Page 2 Senate Bill 138-Third Edition
1 (1) Employees or contractors of any accredited college or school of medicine or
2 pharmacy at a public or private university in this State while performing
3 medical or pharmacological research for such institution.
4 (2) The possession, planting, cultivation, growing, or harvesting of a plant
5 strictly for aesthetic, landscaping, or decorative purposes."
6 SECTION 2. This act becomes effective December 1, 2009, and applies to acts
7 committed on or after that date
Link to the bill: http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S138v3.pdf
Link to the NC State Legislature page regarding progress of the bill: http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S138
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 drift
 
Registered: 01/29/09
Posts: 1,273
Last seen: 1 year, 1 month
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 Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: PsychoChipmunk]
#10721882 - 07/22/09 06:49 PM (3 years, 9 months ago) |
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Dun dun dun another one bites the dust 
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Cactusdan
Patecatl
Registered: 10/11/07
Posts: 7,001
Loc: Oregon
Last seen: 18 days, 7 hours
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: drift]
#10722029 - 07/22/09 07:21 PM (3 years, 9 months ago) |
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It's not good.
But at the same time atleast all you get the first two times is a fine and the third is misdemeanor.
Better than a majority of the nations drug laws.
I think it shows a very slow change happening.
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Dr. uarewotueat
Peyote Farmer
Registered: 09/02/06
Posts: 16,545
Loc: Uk / Philippines
Last seen: 4 months, 29 days
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: PsychoChipmunk]
#10722056 - 07/22/09 07:26 PM (3 years, 9 months ago) |
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hopefully it will die and not be passed.
you'll just have to wait and see what happens, i didn't read it all but i would bet a complete ban is possible.
lets face facts though, it's going to end up illegal in most states and countries eventually, just a matter of time.
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Cactusdan
Patecatl
Registered: 10/11/07
Posts: 7,001
Loc: Oregon
Last seen: 18 days, 7 hours
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: Dr. uarewotueat]
#10722068 - 07/22/09 07:28 PM (3 years, 9 months ago) |
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Agreed
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Dr. uarewotueat
Peyote Farmer
Registered: 09/02/06
Posts: 16,545
Loc: Uk / Philippines
Last seen: 4 months, 29 days
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: Cactusdan]
#10722098 - 07/22/09 07:33 PM (3 years, 9 months ago) |
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if you look at the wiki article about salvia legality there are more cases of bills dying than actually being passed.
so just because it is proposed, doesn't mean that it will become law 
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Horticulture
Mycocurious
Registered: 04/30/09
Posts: 1,006
Loc: Midwest
Last seen: 1 month, 28 days
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: Dr. uarewotueat]
#10722720 - 07/22/09 09:20 PM (3 years, 9 months ago) |
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I'm hoping the fact that our country and all its states are broke will take precedence, and they'll forget about these silly little bills.
LIKE SERIOUSLY OUR COUNTRY IS BROKE. I'M PRETTY SURE THAT'S MORE IMPORTANT THAN OUTLAWING SOME PLANT!!! 
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drift
Registered: 01/29/09
Posts: 1,273
Last seen: 1 year, 1 month
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: Dr. uarewotueat]
#10722800 - 07/22/09 09:32 PM (3 years, 9 months ago) |
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Quote:
Dr. uarewotueat said:
if you look at the wiki article about salvia legality there are more cases of bills dying than actually being passed.
so just because it is proposed, doesn't mean that it will become law
Well, that all depends on if some politician sees it and realizes (s)he can appear tough on drugs by promoting a salvia ban. Once that happens, it's doomed in your area!
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plainswalker
Plant Shepherd
Registered: 03/29/07
Posts: 765
Last seen: 18 days, 6 hours
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Re: NC Senate Bill 138: "Salvia Divinorum Unlawful" [Re: drift]
#10723826 - 07/22/09 11:48 PM (3 years, 9 months ago) |
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Quote:
drift said:
Quote:
Dr. uarewotueat said:
if you look at the wiki article about salvia legality there are more cases of bills dying than actually being passed.
so just because it is proposed, doesn't mean that it will become law
Well, that all depends on if some politician sees it and realizes (s)he can appear tough on drugs by promoting a salvia ban. Once that happens, it's doomed in your area!
QFT! So much of what politicians do is just to try to have a certain image so they'll get re-elected. I bet many/most of them could care less in real life but they have to have their image. How unscrupulous! 
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tradelist
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