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 FurrowedBrow
Free yourself from yourself
 
Registered: 10/26/06
Posts: 2,402
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 North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay 
#8330284 - 04/26/08 01:48 PM (5 years, 23 days ago) |
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http://stopthedrugwar.org/chronicle/533/north_dakota_first_salvia_arrest_kenneth_rau
In what is likely the first arrest for possession of salvia divinorum anywhere in the nation -- and definitely a first in North Dakota -- a Bismarck man now faces years in prison after he bought a few ounces of leaves on eBay. Kenneth Rau, a bottling plant worker with an interest in herbalism, altered states, and religion and spirituality, was arrested by Bismarck police on April 9 when they searched his home looking for his adult son, who was on probation for drug charges.
Kenneth Rau
Police found a marijuana pipe, eight ounces of salvia leaf, a quantity of amanita muscaria mushrooms, and a number of other herbal products. Rau now faces multiple charges, said Burleigh County States Attorney Cynthia Feland.
"He is being charged with possession of salvia with intent to deliver, as well as possession of psilocybin with intent, and possession of marijuana," she said. Although Rau told the Chronicle he thought he would be charged with a school zone violation as well, which would have made his intent offenses Class A felonies punishable by up to 20 years in prison, that is not the case, said Feland. "He is not being charged with a school zone violation," she affirmed.
(The psilocybin charges could go up in smoke. The amanita muscaria mushrooms that he possessed are not controlled substances under federal law and, while hallucinogenic, do not contain psilocybin. The active ingredient in amanita muscaria mushrooms is muscimole.)
Rau was being charged with possession with intent because of the weight of the leaves, she said. "We look at the typical use quantity," she said, "and it is similar to marijuana, with a typical use dose of .25 grams to .5 grams, and he had significantly more than that," she said.
salvia leaves (courtesy erowid.org)
Salvia divinorum, a member of the Mexican mint family, has been used by Mazatec shamans for hundreds of years. Smoking or chewing the leaves, or more commonly, concentrated extracts, can produce intense, albeit short-lived hallucinogenic experiences. While the plant has become notorious through YouTube videos of young people smoking it and behaving strangely, it is also of interest to "psychonauts," or people attempting to explore consciousness through herbal means.
Researchers say that while salvia's effects on consciousness may be disquieting, the plant has not been shown to be toxic to humans, its effects are so potent it is unlikely to be used repeatedly, and its active property, salvinorin A, could assist in the development of medicines for mood disorders.
There are hazards to messing with hallucinogens, one expert was quick to point out. "It's an hallucinogen, and while its hallucinogenic actions are different from those induced by LSD and other hallucinogens, it has the liabilities that hallucinogens do," Bryan Roth, a professor of pharmacology at University of North Carolina's School of Medicine, the man who isolated salvinorin A, told Drug War Chronicle last month. "When people take it, they are disoriented. If you don't know where you are and you're driving a car, that would be a bad experience."
Still, said Roth, while it may make you freak out, it isn't going to kill you. "There is no evidence of any overt toxicity, there are no reports in the medical literature that anyone has died from it. The caveat is that there have been no formal studies done on humans, but the animal data suggests that it doesn't kill animals given massive doses, and that's usually -- but not always -- predictive for human pharmacology."
The DEA considers salvia a drug of interest, but has yet to move to place it under the Controlled Substances Act. A DEA spokesman told the Chronicle recently that the plant is being reviewed to see if it meets the criteria for inclusion on the list of controlled substances.
But driven by little more than the YouTube videos and the story of one Delaware youth whose parents blamed his suicide on salvia, state legislators have not waited for the DEA's measured considerations to act. Since Delaware became the first state to ban salvia, a handful of others, including North Dakota, followed suit. Moves are currently afoot in a number of other states to join the club.
Salvia became illegal in North Dakota on August 1, after a bill sponsored by three Republican lawmakers, state Sens. Dave Oelke and Randel Christmann and state Rep. Brenda Heller sailed through the legislature earlier this year. None of the three legislators responded to Chronicle requests for comment this week.
After Rau was arrested earlier this month, Bismarck police warned that it could be only the beginning in the fight against the member of the mint family. "It sure looks like there could be a market, based on the amount he had, Lt. Bob Hass told reporters. "This is the first we've seen of it." Hass did not return Chronicle calls for comment this week.
While salvia information web sites like Salvia.Net do place a single dose of salvia leaf at between .25 gram and one gram, similar to County Attorney Feland's estimate, intent to deliver still seems a stretch. "I bought eight ounces of leaf on eBay by bidding $32 for it," said Rau. "Now they're charging me with possession with intent. That's silly. Nobody wants leaves. Everyone is buying those 10X and 20X and 30X extracts." [Ed: Not to mention that on eBay one buys what is being offered a sale, not half or a tenth or twentieth of it.]
Rau was also not impressed by the prosecutor's dosage estimates. "This is a clear ploy to exaggerate the number of saleable units," he complained. "These drug warriors have long used this ploy to make dealers out of everyone. Accepting those figures, an ounce of Salvia Divinorum would give 120 doses and make anyone holding an ounce of it a dealer. This is ridiculous since an ounce is clearly the standard saleable unit for leaf. Applying the prosecutor's standard marijuana dosage and saleable quantity would be the amount that would fit in the end of a pinch hitter. This standard would make anyone holding even an eighth ounce of marijuana a dealer."
Rau also scoffed at the notion that anyone is going to be buying fractions of an ounce of salvia leaf. "You can buy an ounce online for as little as $10," he pointed out. "Who is going to split that up into smaller quantities? Hell, you would probably end up spending more on baggies that you did on the leaf," he said.
"This is ridiculous legislative overreaching," said Rau of the new law. "They only based it on those wacky YouTube videos, and even on those, you see people trying to abuse the stuff as much as possible and ham it up, and it still doesn't hurt them. And why jump from selling it in stores to making it a felony," he asked, "don't they do misdemeanors anymore? I didn't even know it was illegal here, and with their first prosecution they go for the max."
The local TV station's web site has inadvertently supported Rau's point. At the time of this writing, an online version of the news report about Rau's arrest was still pulling up salvia ads by Google. Rau emailed the link to Drug War Chronicle, proving that the salvia ads are showing up on computers in North Dakota.
A mild-mannered 46-year-old, Rau's interest in salvia derived from a broader interest in herbalism, religion and spirituality, as well as efforts to deal with his own inner demons. "I read that salvia facilitates lucid dreaming, so I tried chewing some leaves before bed time, and it was interesting because I would see faces and remember names I had long forgotten."
He also tried salvia as a cure for depression. "I have some childhood issues to deal with. They had me on Paxil," he said. "They want you to take their pharmaceuticals, but if you want to take an herbal remedy, they want to throw you in prison. Are they going to save me from myself by throwing me in prison for years?"
Now, Rau is fighting for his freedom, but there aren't many resources in North Dakota, and he doesn't even have a lawyer yet. "The ACLU doesn't even list anyone in the state," he said. "I've emailed the ACLU Drug Law Reform Project, but I haven't heard back from them yet."
Still, he said, his arrest has motivated him. "Maybe this is an opportunity for me to join the fight," he said. "I've never been a drug user, never been arrested. I started experimenting with this stuff because I thought it was legal. I didn't want to get into trouble, but now they're treating me just like some meth dealer."
Drug War Issues Salvia Divinorum
Politics & Advocacy The Drug Debate
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FurrowedBrow
Free yourself from yourself
Registered: 10/26/06
Posts: 2,402
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8330286 - 04/26/08 01:49 PM (5 years, 23 days ago) |
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LOTS of sad Salvia news today.  This one takes the cake imo.  
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 astronaut
ascetic aesthetic
Registered: 09/11/07
Posts: 1,013
Loc: Oregon
Last seen: 9 months, 22 days
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8330433 - 04/26/08 02:38 PM (5 years, 23 days ago) |
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This is really sad, he looks like a good guy / father.
The article was surprisingly well written and unbiased though.
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In another Time's Forgotten Space, your Eyes looked through your Mother's Face:
Wildflower Seed on the Sand and Stone, may the Four Winds blow you Safely Home!
Edited by astronaut (04/26/08 02:38 PM)
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Ophanim
The Molecule'sSpirit
Registered: 10/01/07
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8330440 - 04/26/08 02:40 PM (5 years, 23 days ago) |
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Holy shit, they actually tried to charge him for psilocybin when they KNEW the mushrooms were amanitas?
The cops are the fucking criminals here. There are a ton of bullshit busts, but this is just unbelievable.
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Ego Death
Justadropofwaterinanendlesssea
Registered: 04/27/03
Posts: 10,447
Loc: The War Machine
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8330449 - 04/26/08 02:46 PM (5 years, 23 days ago) |
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Rise up people! Fuck the totalitarian popo
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Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Ego Death]
#8330538 - 04/26/08 03:11 PM (5 years, 23 days ago) |
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intent to distribute an ounce of salvy leaves
wut a fucking joke
hey lets slap him with illegal mushrooms even though we know they arn't illegal just to make him look even more criminal
fucking FAGS
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biggysmall
Stranger
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Coaster]
#8331030 - 04/26/08 05:26 PM (5 years, 23 days ago) |
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this article just adds to my haltered against law enforcement.
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Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: biggysmall]
#8331040 - 04/26/08 05:27 PM (5 years, 23 days ago) |
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ya its a pretty disgusting article
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Compass
Ancient Light
Registered: 10/17/06
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8331058 - 04/26/08 05:33 PM (5 years, 23 days ago) |
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That's effed up misinformation.
He purchased salvia leaves dimwits, the typical dose is not .25 to .5 grams. Try 3-5 grams!
Intent with salvia! OMG! Why and where would he find someone to buy it when they can clandestinely get their own online for a whopping 10 bucks an ounce?
Psilocybin! They're amanitas 
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Compass
Ancient Light
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Posts: 1,147
Loc: The Border of Reality
Last seen: 2 years, 5 months
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8331070 - 04/26/08 05:41 PM (5 years, 23 days ago) |
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This is a great man, I'm disgusted they're going after him.
"If you don't know where you are and you're driving a car, that would be a bad experience."
Reading the rest of the article from Rau's view was a breath of fresh air.
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Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Compass]
#8331078 - 04/26/08 05:44 PM (5 years, 23 days ago) |
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they should make ambien illegal with this type of logic
ive read DOZENS of driving while on ambien articles and thats jsut it, they have no idea wut they are doing and wind up crashing
and not 1 salvia while driving article has been written
SO FUCKING BACKWARDS AMERICA IS
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Compass
Ancient Light
Registered: 10/17/06
Posts: 1,147
Loc: The Border of Reality
Last seen: 2 years, 5 months
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Coaster]
#8331099 - 04/26/08 05:53 PM (5 years, 23 days ago) |
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Actually there's an Erowid report where a guy gave his cab driver salvia because he somehow thought it was marijuana ???
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Deebard420
"Bostons Finest"
Registered: 03/15/08
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Compass]
#8331173 - 04/26/08 06:14 PM (5 years, 23 days ago) |
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ambien is illegal unfortunately
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PsilocybinMike
T.F.Y.Q.A
Registered: 02/18/08
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Deebard420]
#8331380 - 04/26/08 07:07 PM (5 years, 23 days ago) |
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Disgusting man...
absolutely disgusting.
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baaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaammmm
http://www.youtube.com/watch?v=pVZBTAYm3rw
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Coaster
Baʿal
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Deebard420]
#8331403 - 04/26/08 07:14 PM (5 years, 23 days ago) |
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Quote:
Deebard420 said:
ambien is illegal unfortunately
um no
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4hodipt
5-MeO-DMT
Registered: 02/25/08
Posts: 47
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Coaster]
#8331424 - 04/26/08 07:22 PM (5 years, 23 days ago) |
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saliva isnt fun. or good. but i feel bad this dude didnt even have cubes or buds. just some resin and some SALIVA LEAVES not even extract, pathetic. FUCK U DEA
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-oNe-
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biggysmall
Stranger
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: 4hodipt]
#8331462 - 04/26/08 07:32 PM (5 years, 23 days ago) |
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Quote:
Quote:
Deebard420 said:
ambien is illegal unfortunately
um no
ya wtf?
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Krez
RamRod
Registered: 01/08/08
Posts: 1,504
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: biggysmall]
#8332330 - 04/26/08 11:39 PM (5 years, 23 days ago) |
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Yea cause Ambien is def. NOT illegal...Dont know where you got your info but Ambien is legal.
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Kids, you tried your best and you failed miserably. The lesson is, never try. (Homer)
Look, the thing about my family is there's five of us. Marge, Bart, Girl Bart, the one who doesn't talk, and the fat guy. How I loathe him. (Drunk Homer)
All the ways you wish you could be, that's me. I look like you wanna look, I fuck like you wanna fuck, I am smart, capable, and most importantly, I am free in all the ways that you are not. (Tyler Durden)
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Robo Shaman
∂xм sρıяıτ мεđıμм
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: FurrowedBrow]
#8332555 - 04/27/08 12:30 AM (5 years, 23 days ago) |
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The system once again screws over good people
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Brainiac
Rogue Scientist
Registered: 04/29/06
Posts: 13,259
Loc: 與您的女朋 
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Re: North Dakota Man Facing Years in Prison After Buying Salvia Divinorum On eBay [Re: Krez]
#8332701 - 04/27/08 01:22 AM (5 years, 22 days ago) |
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Quote:
Krez said:
Yea cause Ambien is def. NOT illegal...Dont know where you got your info but Ambien is legal.
It's illegal, if you don't have a prescription...
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 Fair is Fair 
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