|
Mr. Bubbles
Stranger
Registered: 12/15/08
Posts: 37
Last seen: 14 years, 9 months
|
Is Salvia actually illegal in Georgia?
#9455796 - 12/18/08 12:17 PM (15 years, 2 months ago) |
|
|
http://www.legis.state.ga.us/legis/2007_08/versions/sb295_As_passed_Senate_7.htm
Although most salvia sites won't say it's illegal and will ship it, salvinorum a. (the good stuff) is now illegal in Georgia!? Do you think ordering extract online would get me fucked if I lived in GA?
|
Srirachi
Mold Hand



Registered: 10/18/05
Posts: 11,411
Loc: Fare Thee Well.
|
Re: Is Salvia actually illegal in Georgia? [Re: Mr. Bubbles]
#9458449 - 12/18/08 08:09 PM (15 years, 2 months ago) |
|
|
Quote:
It shall be unlawful to possess, plant, cultivate, grow, or harvest the plant Salvia divinorum other than for esthetic, landscaping, or decorative purposes.
I'd say it is legal if you use it for insence, to create a certain esthetic appeal.
|
Mr. Bubbles
Stranger
Registered: 12/15/08
Posts: 37
Last seen: 14 years, 9 months
|
Re: Is Salvia actually illegal in Georgia? [Re: Srirachi]
#9458642 - 12/18/08 08:55 PM (15 years, 2 months ago) |
|
|
Right, the plant is legal, but what about the extracts?
(a)(1) It shall be unlawful to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the chemical Salvinorin A.
|
johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
|
Re: Is Salvia actually illegal in Georgia? [Re: Mr. Bubbles]
#9459997 - 12/19/08 02:17 AM (15 years, 2 months ago) |
|
|
Under that language, presuming its the law, I would say the extract would not per se be illegal but would almost certainly get you convicted if they knew it was extract. I would not order it or posses it if you wouldn't do the same with similarly-restricted substances.
They would have to prove either that a) the product isn't salvia divinorum as used in that language either in whole or in part (i.e. the extract wasn't salvia divinorum but the rest was); or b) that you did not posses it for decorative purposes (and tehy may not even have to prove this depending on how the law is interpreted, making it enough to convict just that you have it).
It is unclear whether the decorative purposes thing is an affirmative defense, but I would say it is not (though the courts are fucking stupid on these issues especially).
Basically if you ordered or had an extract that was on salvia leaves it would be unwise. You'd have to prove or at least create doubt (depending on if the decorative use is an affirmative defense or not) that the product was decorative, and if you are storing it in a vial that would be hard to do.
And no, the plant isn't per se illegal in georgia, seem similar to drug paraphanalia laws. I would be worried about conviction though and worried that they would determine the extract isn't salvia or that you aren't using it for decoration).
If you buy leaf I'd have it like potpouri on some bowl or something.
|
Mr. Bubbles
Stranger
Registered: 12/15/08
Posts: 37
Last seen: 14 years, 9 months
|
Re: Is Salvia actually illegal in Georgia? [Re: johnm214]
#9462025 - 12/19/08 12:56 PM (15 years, 2 months ago) |
|
|
Shit. This is beyond wrong, but something tells me that my chances of getting caught in my own home for decorating with salvia extracts is pretty low. But, if I ordered with a credit card would the cops be alerted by my credit card company? Most of the sites don't seem to be aware of this law and seem perfectly willing to ship to GA as far as I can tell.
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,312
Last seen: 4 days, 11 minutes
|
Re: Is Salvia actually illegal in Georgia? [Re: Mr. Bubbles]
#9462865 - 12/19/08 03:52 PM (15 years, 2 months ago) |
|
|
Quote:
But, if I ordered with a credit card would the cops be alerted by my credit card company?
No. Your credit card company does not know or care that Salvia may be banned in your state.
Quote:
Most of the sites don't seem to be aware of this law and seem perfectly willing to ship to GA as far as I can tell.
Good.
|
Cactusdan
Patecatl



Registered: 10/11/07
Posts: 7,024
Loc: Oregon
Last seen: 3 years, 3 months
|
|
I know for a fact the plant is not for a nursery I know of is in GA. The extract is illegal but I doubt as many have said you'd get busted for it.
--------------------
|
joesnuffy1
Stranger
Registered: 01/02/09
Posts: 1
Last seen: 14 years, 9 months
|
Re: Is Salvia actually illegal in Georgia? [Re: Cactusdan]
#9533236 - 01/02/09 05:36 PM (15 years, 1 month ago) |
|
|
I took the unusual step for most blog posters. I looked up the Georgia law. The statute listed above does not appear in the Georgia code. A search of the code does not show any hits for salvia. The statute listed in the Senate Bill is still listed as a prohibition of marijuana flavored candy. This is not a vote for or against salvia, but a vote for truth. You make up your own mind about the substance, but do so based upon the true state of the law and not scare tactics.
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,312
Last seen: 4 days, 11 minutes
|
Re: Is Salvia actually illegal in Georgia? [Re: joesnuffy1]
#9533766 - 01/02/09 07:14 PM (15 years, 1 month ago) |
|
|
Where did you find the reference to candy?
What does that have to do with Senate Bill 295?
Are you saying SB295 did not pass? How up to date is the search engine you used?
|
Mr. Bubbles
Stranger
Registered: 12/15/08
Posts: 37
Last seen: 14 years, 9 months
|
Re: Is Salvia actually illegal in Georgia? [Re: joesnuffy1]
#9538581 - 01/03/09 03:49 PM (15 years, 1 month ago) |
|
|
Quote:
joesnuffy1 said: I took the unusual step for most blog posters. I looked up the Georgia law. The statute listed above does not appear in the Georgia code. A search of the code does not show any hits for salvia. The statute listed in the Senate Bill is still listed as a prohibition of marijuana flavored candy. This is not a vote for or against salvia, but a vote for truth. You make up your own mind about the substance, but do so based upon the true state of the law and not scare tactics.
May I kindly ask what the fuck you're talking about? Please elaborate with sauce (links) to the GA code. I would love to clear this up, as I might be ordering some saliva this week
|
johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
|
Re: Is Salvia actually illegal in Georgia? [Re: Mr. Bubbles]
#9549171 - 01/05/09 02:46 AM (15 years, 1 month ago) |
|
|
I don't know what he is talking about, but he's right that that bill appears to not be law- it appears to have passed the senate though. Because it didn't pass it isn't codified, but look up the history of the bill in the op if you're interested.
It appears to be the only hit on salvinorin, though it is unclear if this is a search of pending bills or enacted legislation or both. http://www.legis.ga.gov/legis/2007_08/search/sb295.htm
|
Mr. Bubbles
Stranger
Registered: 12/15/08
Posts: 37
Last seen: 14 years, 9 months
|
Re: Is Salvia actually illegal in Georgia? [Re: johnm214]
#9549819 - 01/05/09 07:37 AM (15 years, 1 month ago) |
|
|
Oh right, it's still stuck in the house. I wonder if that is just cause they didn't get around to voting for it that session. I'm sure if someone brings it up for a vote this year though it will pass without much or any opposition. All the fat white men love it because they can claim to parents at rallies that they're "hard on drugs" and "keeping our children safe"
I wish there was some effective means of petitioning against this bill. All these politicians respond to is threats to their power, not the actual facts about the drug.
|
football123213
Stranger
Registered: 01/13/09
Posts: 1
Last seen: 15 years, 1 month
|
Re: Is Salvia actually illegal in Georgia? [Re: Mr. Bubbles]
#9602961 - 01/13/09 06:03 PM (15 years, 1 month ago) |
|
|
You can buy Salvia at some gas stations in and also at porn shops so i would say yes it is legal. Now this is in my area which is Alpharetta about 30 min away from Atlanta
|
johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
|
Re: Is Salvia actually illegal in Georgia? [Re: football123213]
#9603029 - 01/13/09 06:12 PM (15 years, 1 month ago) |
|
|
Quote:
football123213 said: You can buy Salvia at some gas stations in and also at porn shops so i would say yes it is legal. Now this is in my area which is Alpharetta about 30 min away from Atlanta
We appreciate your findings, but availability is not a good predictor of legality. You can buy crakc and its illegal. You can buy poppy seeds and they're illegal (having morphine on them in small quantities). Morning Glory, et cet.
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,312
Last seen: 4 days, 11 minutes
|
Re: Is Salvia actually illegal in Georgia? [Re: johnm214]
#9618291 - 01/15/09 11:16 PM (15 years, 1 month ago) |
|
|
Quote:
We appreciate your findings, but availability is not a good predictor of legality. You can buy crakc and its illegal. You can buy poppy seeds and they're illegal (having morphine on them in small quantities). Morning Glory, et cet.
Poppy seeds are excluded from the controlled substances act, see US Code Section 802 subsections 19 and 20.
This was affirmed in HIA v. DEA (2004) when the DEA tried to say hemp seeds were illegal because they contained trace amounts of THC. Poppy seeds are mentioned in the same way as marijuana seeds are (USC 802 subsection 16).
Did I do my legal analysis properly, or are the seeds actually illegal? If they are not, does this mean that it is legal to get high on poppy seed tea?
|
johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
|
|
I know seeds are excluded, but that isn't what they'll charge you with, they'll charge you with morphine. Since the poppy plant is listed seperatly from morphine they are two different controlled substances and you can be charged with both- either or.
But I wasn't aware of the THC ruling. That strikes me as bad law honestly, but I'll check it out later. So no opinion on if I agree wtih you or not.
The only thought I have without reading the opinion is that if they were denied entry on the basis of being seeds with THC then they might legally fail as the seeds are excluded if sterlized. But I would say if they were charged from having THC in the mix and not a part of the seeds they might win. Of course the argument would be that with poppy and marijuana seeds that if the substance is an integral portion of the item that they can't be illegal since there is no way the exclusion of the seeds could be meaningful if they would just get caught up by residue outside the seeds. That strikes me as a decent argument.
But once again this shows the fallacy of our laws having no bottom limit. They charge everything wiht any detectable amount as the controlled substance which is clearl yridiculous and impractical. Really reveals that congress is idiotic and has no understanding for chemistry- otherwise they wouldn't talk about "any detectable limit"
Of course the prosecutors don't care. In their view they hould be able to jail anyone at all- after all, they'd only go after the "bad guys" o what's the harm? They want the power to do what they want.
Anyways, I'll check out the ruling later, but good point.
|
|