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 TYL3R
 
Registered: 11/19/04
Posts: 17,493
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 Legality Of Salvia 
#3566965 - 12/31/04 10:59 PM (19 years, 3 months ago) |
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What exactly is the legality of Salvia ?
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 MycoJunkie
Psilanthropist
Registered: 11/04/04
Posts: 963
Loc: .4merica
Last seen: 18 years, 2 months
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Re: Legality Of Salvia [Re: TYL3R]
#3566974 - 12/31/04 11:01 PM (19 years, 3 months ago) |
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Legal in the USA as of now. Not in Australia I believe, and some other countries.
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gdman
badger, badger,badger...
Registered: 12/10/02
Posts: 16,286
Loc: Dancing In the Streets
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Re: Legality Of Salvia [Re: TYL3R]
#3566994 - 12/31/04 11:07 PM (19 years, 3 months ago) |
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It's legal, don't be stupid though.
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Got a question about a substance? Erowid might already have your answer! Have questions about the mushroom experience? The Tripper's FAQ may have your answer or someone else might have had your question before.
I know up on the top you are seeing great sights, but down at the bottom we, too, should have rights.
- Theodor Seuss Geisel Dr. Suess
"I didn't come here to be easily understood" - Steve
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TYL3R
Registered: 11/19/04
Posts: 17,493
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Re: Legality Of Salvia [Re: gdman]
#3567012 - 12/31/04 11:12 PM (19 years, 3 months ago) |
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SO legal to possess , legal to sell, legal to buy, legal to smoke ?
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Trainwreck
No. Really.
Registered: 12/22/04
Posts: 3,563
Loc: Southern California
Last seen: 6 years, 1 month
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Re: Legality Of Salvia [Re: TYL3R]
#3567243 - 01/01/05 12:17 AM (19 years, 3 months ago) |
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All of the above I think. Its not regulated at all in the US.
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theocean06
Yeah, I've donefour already...
Registered: 07/10/04
Posts: 1,458
Last seen: 12 years, 8 months
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Re: Legality Of Salvia [Re: Trainwreck]
#3567276 - 01/01/05 12:29 AM (19 years, 3 months ago) |
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let's hope it stays that way
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The story of life is quicker then the blink of an eye, the story of love is hello, goodbye. - Hendrix 
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sublimistri
Higher Than AKite
Registered: 11/21/04
Posts: 2,952
Loc: Forgotten
Last seen: 16 years, 24 days
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Re: Legality Of Salvia [Re: theocean06]
#3567844 - 01/01/05 09:01 AM (19 years, 3 months ago) |
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Quote:
theocean06 said:
let's hope it stays that way
Lets please do.
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Tradelist
My Ethnobotanical Garden
Cup Greenhouse Tek. Make small sturdy pots (With detachable grenhouse tops) with cups.
Your human friend will have to dose atropine uninformed, I will not spread information that may harm a cat. - Wiccan_Seeker 
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HarveyWalbanger
Demiurge
Registered: 06/24/02
Posts: 3,076
Loc: 8b
Last seen: 2 months, 11 days
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Re: Legality Of Salvia [Re: TYL3R]
#3567890 - 01/01/05 09:43 AM (19 years, 3 months ago) |
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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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TYL3R
Registered: 11/19/04
Posts: 17,493
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True Dat
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penlight438094
1 spliff 16.1g +1 man alone =Blitzed!
Registered: 10/01/04
Posts: 933
Last seen: 10 years, 6 months
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Re: Legality Of Salvia [Re: TYL3R]
#3568038 - 01/01/05 11:40 AM (19 years, 3 months ago) |
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legal in canada too, can buy it in downtown toronto, at a well known head shop *cough*THC*cough*
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Grown on Uncle Ben's 5 Minute Rice
Looks nice, Think again, read and see http://www.shroomery.org/forums/showflat.php/Cat/0/Number/3576624/an/0/page/0
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Kenny7822
Kenny
Registered: 01/29/04
Posts: 842
Loc: MA, USA
Last seen: 11 years, 5 months
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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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Trainwreck
No. Really.
Registered: 12/22/04
Posts: 3,563
Loc: Southern California
Last seen: 6 years, 1 month
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Re: Legality Of Salvia [Re: Kenny7822]
#3568310 - 01/01/05 02:24 PM (19 years, 3 months ago) |
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Good to know.
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FuckedUp
Stranger
Registered: 11/06/04
Posts: 17
Last seen: 19 years, 3 months
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Re: Legality Of Salvia [Re: TYL3R]
#3568519 - 01/01/05 04:29 PM (19 years, 3 months ago) |
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legal everywhere except ausi
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