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Amazon Shop for: Salvia

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InvisibleTYL3R
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Legality Of Salvia
    #3566965 - 01/01/05 12:59 AM (12 years, 1 month ago)

What exactly is the legality of Salvia ?


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OfflineMycoJunkie
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Re: Legality Of Salvia [Re: TYL3R]
    #3566974 - 01/01/05 01:01 AM (12 years, 1 month ago)

Legal in the USA as of now. Not in Australia I believe, and some other countries.


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Invisiblegdman
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Re: Legality Of Salvia [Re: TYL3R]
    #3566994 - 01/01/05 01:07 AM (12 years, 1 month ago)

It's legal, don't be stupid though.


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InvisibleTYL3R
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Re: Legality Of Salvia [Re: gdman]
    #3567012 - 01/01/05 01:12 AM (12 years, 1 month ago)

SO legal to possess , legal to sell, legal to buy, legal to smoke ?


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OfflineTrainwreck
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Re: Legality Of Salvia [Re: TYL3R]
    #3567243 - 01/01/05 02:17 AM (12 years, 1 month ago)

All of the above I think. Its not regulated at all in the US.


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Offlinetheocean06
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Re: Legality Of Salvia [Re: Trainwreck]
    #3567276 - 01/01/05 02:29 AM (12 years, 1 month ago)

let's hope it stays that way


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Offlinesublimistri
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Re: Legality Of Salvia [Re: theocean06]
    #3567844 - 01/01/05 11:01 AM (12 years, 1 month ago)

Quote:

theocean06 said:
let's hope it stays that way




Lets please do.


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InvisibleHarveyWalbanger
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Re: Legality Of Salvia [Re: TYL3R]
    #3567890 - 01/01/05 11:43 AM (12 years, 1 month ago)

Technically its legal... but lets face it, when it comes to big brother and drugs, they usually dont play by the rules.


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InvisibleTYL3R
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Re: Legality Of Salvia [Re: HarveyWalbanger]
    #3568021 - 01/01/05 01:26 PM (12 years, 1 month ago)

True Dat


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Offlinepenlight438094
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Re: Legality Of Salvia [Re: TYL3R]
    #3568038 - 01/01/05 01:40 PM (12 years, 1 month ago)

legal in canada too, can buy it in downtown toronto, at a well known head shop *cough*THC*cough*


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OfflineKenny7822
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Re: Legality Of Salvia [Re: penlight438094]
    #3568044 - 01/01/05 01:46 PM (12 years, 1 month ago)

Salvia divinorum is uncontrolled in the United States. This means all parts of the plant and its extracts are legal to buy, sell, cultivate, and possess without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.

The federal analog act generally requires that, in order to qualify as an analog, a substance must be chemically similar to a substance which is federally scheduled. Salvia Divinorum is chemically quite different from other scheduled substances and as a plant is quite unlikely to be targeted by this act.

Selling Salvia divinorum for human consumption as a "drug" is probably illegal in the US under the Food, Drug & Cosmetics Act and its sale as a drug would be regulated by the FDA. Selling an unapproved drug in the US can be prosecuted under the FD&C's "misbranding" clause. (FD&C Section 502) The more it is packaged and marketed as a drug (for example a 10x extract hyped as 'the new ecstasy') the more likely it is to be treated as an "illegal drug" by law enforcement agents.

The US Air Force is considering whether to include Salvia divinorum in the list of banned drugs. See Plant could get airmen in legal hot water, Jan 2004.

California Analog Act
Under the strict California Analog Act, salvia could potentially be prosecuted if it is sold for human consumption as a psychoactive drug.

US Federal Analogue Act
Under the Federal Analogue Act, salvia fails to meet the "chemically similar" criteria and thus is not subject to the analogue act provisions. However, the DEA has recently changed their view on this and now states:

"Salvia Divinorum, Salvinorin A, and Divinorin A are not listed in the Controlled Substances Act. If sold for human consumption, Salvia may be subject to control under the Analogue statutes because of its functional pharmacological similarities to other CI hallucinogens like THC."
-- from DEA Diversion Salvia Page Feb 2002

However the DEA's analysis is completely flawed. The Federal Analogue Act, as currently understood requires that a substance be "chemically similar" to a controlled substance not "pharmacologically similar" as the DEA suggests in their quote. Very little is known about the pharmacology of Salvia and there is still much unknown about the pharmacology of THC. Saying the two are 'pharmacologically similar' might satisfy the paragraph II of the Analogue Act test, but its also just wrong. Perhaps the DEA has performed human pharamcology studies on salvinorin that they are keeping secret, but most likely the authors of this article are just trying to use their position to further extend the reach of their power well beyond the scope of the law.

Salvinorin is not a chemical analog of any scheduled substance.

Federal Analogue Act of 1986
California Analog Act of 1988

U.S. STATE LAW #
Missouri #
St. Peters city passed an ordinance banning sales of Salvia divinorum to minors aged 17 or younger. Jan 2003. (St Peters Journal Jan 26, 2003)
New Jersey #
No law concerning Salvia d. known, but a mention in news about Northern Monmouth includes the following curious text: app.com GRAND TOUR: Two 15-year-old borough males were charged on Sept. 10 with illegal possession of salvia divinorum with intent to distribute by Sgt. Kevin Roake.

http://www.erowid.org/plants/salvia/salvia_law.shtml


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OfflineTrainwreck
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Re: Legality Of Salvia [Re: Kenny7822]
    #3568310 - 01/01/05 04:24 PM (12 years, 1 month ago)

Good to know.


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OfflineFuckedUp
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Re: Legality Of Salvia [Re: TYL3R]
    #3568519 - 01/01/05 06:29 PM (12 years, 1 month ago)

legal everywhere except ausi


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Amazon Shop for: Salvia

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