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What States in the US Have a Problem With Salvia?

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2 years ago

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Salvia divinorum enjoys a much looser legal structure than other hallucinogenic drugs. In fact, federally, the plant is perfectly legal. There are, however, several states in the US with some form of salvia legislation. Which states are they? And how exactly do they regulate this plant?

What is salvia?

Salvia divinorum is one of several species of the Lamiaceae mint family. You might be more familiar with its sister-species Salvia officinalis, and Salvia rosmarinus, which account for the kitchen spices sage and rosemary, respectively. Salvia divinorum differs from other forms of salvia in that it contains salvinorin A, which creates a psychoactive and hallucinogenic response.

Salvia is said to hail from the Sierra Mazateca cloud forests in Oaxaca, Mexico, though this is technically unconfirmed. Thought it loves the moist and shady growing conditions of that particular environment, it can be found in many different locations worldwide, including in the US.

The plant gets its name from the word ‘divination’, and translate to “diviner’s sage” or “seer’s sage.” It was used in the rituals of Mazatec shamans for centuries for spiritual healing and divination; because it brings on altered states of consciousness, and hallucinations. There are indigenous cultures that still use it this way today. It’s also an oneirgen drug, meaning it’s used to enhance dreams while sleeping for the purpose of divination.

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The plant has a place in medical traditions. Salvia is used in the treatment of diarrhea, anemia, headaches, rheumatism, as a diuretic, and for ‘swollen belly’, considered a semi-magical disease. These uses require much lower doses than what is used to bring on psychoactive effects.

Salvia isn’t the most well-known drug, but it is still one of the more well-known of the hallucinogenic drugs. One recent study found that about 5% of the population in the US had used the drug before. Many erroneously refer to it as a psychedelic, but while it shares some similarities in causing hallucinations and otherworldly experiences, it is not technically in this category of compounds. Salvinorin A, the main active compound, is a potent agonist at κ-opioid receptors (kappa), and doesn’t affect serotonin receptors like psychedelics do.

It is known to bring on feelings of connectedness, like psychedelics, as well as sedation; disorientation in space and time; issues with motor control; analgesia; loss of memory; delusions and depersonalization; difficulty with language; laughing fits; sensory, auditory, and visual hallucinations; feelings of spirituality; and near-death experiences (or, rather, the feeling of it). It also messes with how people feel gravity, and how they feel their own physical form.

Since it’s not classified with psychedelics, and wasn’t popular at the time that the government went ahead and illegalized other hallucinogens; salvia retains legality in terms of the federal government. It does as well in many states, though there are several that have placed some kind of restriction on it, in the last several years.

States where salvia is restricted

Not every piece of legislation equals a complete illegalization. And even those that do have illegalization measures, vary in the penalties for infractions. It is true that more and more states have added on these policies, despite the federal government making no such move. Much like with magic mushrooms and mescaline, in some places, a loophole is created where the plant and the active compound are regulated differently.

Prohibit sale to minors

In some states, the only prohibition is on the sale of a product to a minor. This includes California, Maine, and New York.  This is an interesting concept, of course, as there isn’t yet a sales market for the plant; however such a law comes into play when considering that the plant is federally legal, and a market can begin anywhere allowed.

Active compound in salvia
Active compound in salvia

What states have Schedule I for salvia?

Many states have proposed legislation here, but not all of it passed. Other states have put salvia in Schedule I of their controlled substances lists, although it can vary as to whether they include the whole plant, just the active compound, or both. The following have some form of a Schedule I ban: Alabama, Arkansas, Delaware, Connecticut, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Wisconsin, and Wyoming.

That last one on the list, Wyoming, is also a great example of the salvia loophole, wherein one aspect is illegalized, while another is not. In Wyoming, the compound salvinorin A (apparently misspelled in the legislation) is the only thing listed, while the plant Salvia divinorum is not. This is also true in Wisconsin. This resembles both the mescaline loophole and the magic mushrooms loophole.

On the other hand, some states illegalized the plant, without naming the active compound itself, which makes one wonder what happens in the case of sales of salvinorin A extract. States that fit into this category include Delaware, Illinois, New York, and Louisiana, though Illinois does ban ‘extracts’ without mentioning salvinorin A. Plenty of states that passed legislation to ban the plant, did it this way, not mentioning the salvinorin A; and leaving gray area in terms of an extracts market.

States with lesser scheduling for salvia

Apart from barring the sale of a product to minors, some states instituted other policies that regulate either the plant or the active compound, but in a less severe way than Schedule I. As stated already, a couple states only bar the sale to minors, and do nothing else. Colorado holds salvia as a class B misdemeanor. Georgia simply regulates it as a ‘dangerous drug’, giving plenty of leeway as it is legal as a decorative plant. Of course, if you can have and grow it, not much to stop people from using it.

In Indiana, salvia is a Class A misdemeanor only, and in Minnesota its considered a Gross Misdemeanor. In New York, its prohibited for sale with a $500 fine max per incident, while in South Dakota, its either a Class 1 misdemeanor, or a Class 6 felony, depending on the amount (less than two ounces is a misdemeanor).

Tennessee regulates it as a Class D felony, but holds it legal for decorative use. As this includes possession, sale, and cultivation; it once again opens the door for use, even if use is technically illegal. In Texas its Penalty Group 3, but the legislation makes the stipulation that if its unharvested and growing in a natural state, then its okay. Rhode Island shows up in the Schedule I list, but in actuality, this only applies to ‘extracts’, and specifically doesn’t apply to the actual plant, so long as it is unaltered.

What states regulate salvia?
What states regulate salvia?

Other states, whether they tried to ban it or not, never did. These include: Alaska, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, South Carolina, Utah, and Virginia. These states have absolutely no law against the plant, or the active compound in it, at least for now.

Things of note

None of these laws are actually recent from the last few years. Most happened between the years of 2007-2011, with just a few exceptions. This indicates that something happened around that time to introduce the plant to a wider audience in the US. Prior to this, its likely that no one was speaking about it at all. It’s quite possible that if it had become more popular at that time, that every state would have a ban.

There is nothing stopping the states that haven’t instituted a ban, from doing so, or for states with less strict policies, to adopt stricter ones. In a country where government doesn’t like industries it can’t control, it’s not weird to think this could and would happen. Salvia is similar right now to amanita mushrooms, which have even less restriction. They both share the quality of having not been around when similar drugs were illegalized last century.

What makes further banning less likely, is the changing climate toward psychedelics and hallucinogens in general. Colorado and Oregon have legalized some form of use, there are tons of decriminalization policies in individual locations, and more than 10 states have already announced psychedelics legislation in the works already this year. As most of these bills surround entheogenic plants, with new legislative measures opening it wider to include more plants, it makes the idea of illegalizing a plant now, not that popular an idea.

This doesn’t mean it can’t happen, of course. Governments are known to pass legal measures under the radar to avoid public scrutiny. But it also means that it might be more likely to have existing policies loosen, rather than to have more rigid ones introduced. We’ll have to wait and see.

Conclusion

Right now, salvia isn’t a real products industry, and its not spoken about as much as mushrooms, DMT, or synthetics like acid and MDMA. But one of the things we know in life, is that people like to get high, and they like to use plants to do it. With the ability for a market in many states, including ones with some – but not altogether limiting – legislation; it certainly seems like a salvia market, could be right around the corner.

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4 Ways Marijuana Can Help You Have A Better Thanksgiving

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2 days ago

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November 22, 2024

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If going the family Thanksgiving route, these gatherings can sometimes be stressful, especially when dealing with relatives you don’t see often or navigating potentially tense conversations. Marijuana can help reduce anxiety and create a more relaxed atmosphere. Microdosing is a popular trend with the younger generations, and it could be helpful in during the holiday. Numerous studies have demonstrated that cannabinoids such as THC and CBD can effectively reduce anxiety. By helping to calm nerves and ease social tension, cannabis can contribute to a more pleasant and harmonious family gathering.



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Can Big Alcohol Help The Cannabis Industry

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2 days ago

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November 22, 2024

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It has been a rough few months for the cannabis industry…could Big Alcohol help during another rough patch?

The cannabis industry was worth $33 billion in 2023 and is filled with mom and pop businesses. With the majority of the population having access to legal marijuana, consumer use is up, states are filling their coffers, and more patients are using medical marijuana.  It has become so mainstream, even the staid AARP has acknowledge a signifiant portion of boomers are using it for medical reasons.  But federal restrictions are crippling the industry, despite the growth. The industry needs federal help, can Big Alcohol help the cannabis industry. Alcohol is in a majority of grocery stores, restaurants, hotels, resorts, planes and homes.  They understand the consumers and sell $260 billion in booze a year, not counting the second level market up.  The alcohol industry spends over $20 million annually on lobbying, a drop compared to the $220+ million pharmaceutical spends, but an impressive amount. But Congress, the DEA, and members of the administration are not fans…and help is needed.

Alcohol has a $14+ billion investment in the industry and has a voice in the Congress. Cannabis is a brand and revenue extension for alcohol rather than a competitor. A major change in the beverage industry came with the introduction of purified waters by PepsiCo (Aquafina) in 1994 and Coca-Cola (Dasani) in 1999.  Seeing it as way to reach more consumers and revenue, the two soda giants are now the owners of the top two bottled water companies in the North America. WIth a stake in the outcome, the big liquor companies could guide Congress to open up more for cannabis. This would provide both industries access to more customers and more revenue for everyone, including government entities.

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“While alcohol and cannabis can play in the same sandbox, we more often see consumers using cannabis as a replacement for more harmful substances like alcohol. In cannabis, we find a paradigm shift—entertainment and relaxation without the costs of alcohol’s physical and social tolls.” shares Jesse Redmond, managing director at Water Tower Research, LLC.

Like bottled water, alcohol could open up markets to an additional set of consumers.  They have the expertise and relationships most cannabis businesses lack. Already, hemp beverage are in mainstream retailers like Total Wine (Texas) and in convenience stores.

The incoming administration has few cannabis champions with both the Speaker of the House and the President of the Senate and the cabinet doesn’t seem to be focused on marijuana legalization at all. But the majority of members are a fan of booze and that can be used to marijuana’s advantage.

Both would benefit from product development,  producing and marketing cannabis-infused beverages and edibles. From a marketing point of view it also makes sense consider the consumer reach.  In addition, research shows that people often pair cannabis with alcohol rather than replacing one with the other. The proportion of consumers pairing cannabis with spirits or liquor increased from 12% in 2018 to 22% in 2022. The next 14 months will shape the cannabis industry path for years to come, let’s see if Big Alcohol plays a role.



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The Best Cocktails For An Easy Festive Thanksgiving

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2 days ago

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November 22, 2024

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Why just have wine or beer for your Thanksgiving gatherings? Why not have a fun, festive cocktail around Turkey Day. 

Whether a family affair, a Friendsgiving, or just having fun on the long holiday weekend, why not spice it up with something delicious to drink? Here are the best cocktails for an easy, festive Thanksgiving.

RELATED: Beer Sales Flatten Thanks To Marijuana

Pumpkin Margaritas

Most people indulge in pumpkin pie during the holidays.  Why not mix it and wow the taste buds with the classic flavor mixed with a a favorite drink?  While making the pie, set aside a little of the pumpkin and use it to make defiantly a crowd pleaser.

Ingredients

  1. Start by adding brown sugar, pumpkin pie spice, and water to a saucepan on low-medium heat

  2. Whisk to combine and bring to a very low simmer

  3. Once the sugar has dissolved, take the pan off of the heat

  4. Pour the syrup into a container and place in the fridge to cool for 10-15 minutes

  5. Add a handful of ice cubes to a cocktail shaker

  6. Pour in the tequila, cointreau, pumpkin syrup, lime juice, pumpkin puree, and 3 dashes of angostura bitters

  7. Close the lid tightly and shake for 15-30 seconds

  8. Remove the lid from the cocktail shaker and gently strain the drink into ice filled glasses

  9. Garnish with any herbs and spices like cinnamon sticks, freshly grated nutmeg, or rosemary

Amaretto Sour

The Amaretto Sour was likely created in 1974 by the importer of Amaretto di Saronno as a promotional push. The original recipe was two parts amaretto liqueur to one part lemon juice. 

The Amaretto Sour became popular in the 1970s and 1980s. It was a favorite among bartenders and patrons because of its distinct almond flavor and refreshing sourness. It is a cozy drink perfect for a small gathering to celebrate Thanksgiving.

  • 1 1/2 ounces amaretto liqueur
  • 3/4 ounce cask-proof bourbon
  • 1 ounce lemon juice, freshly squeezed
  • 1 teaspoon simple syrup
  • 1/2 ounce egg white
  • Garnish: lemon twist
  • Garnish: 2 brandied cherries

Create

  1. Add amaretto, bourbon, lemon juice, simple syrup and egg white to a shaker and dry-shake (no ice) for 15 seconds
  2. Add ice and shake again until well-chilled
  3. Strain into a rocks glass over fresh ice
  4. Garnish with a lemon twist and 2 skewered brandied cherries

Apple Pie Bourbons

What is more Thanksgiving than apple pie and bourbon? While not settle into a nice drink contain both of them. A rich, luscious, flavor to enjoy watch football or as a pre drink before the big meal.

Ingredients

  • 2 apples (green and red), chopped
  • 1 1” piece fresh ginger
  • 1 whole nutmeg, slightly shaved
  • 4 cinnamon sticks, plus more for garnish
  • 1 1/2 cup bourbon
  • 3 sugar cubes

Create

  1. Fill a mason jar with bourbon, apples, sugar, nutmeg, cinnamon, and ginger.
  2. Let mixture sit 2 to 4 days. (Taste after 2 days and let sit longer as desired.)
  3. Pour mixture into shot glasses and garnish with a cinnamon stick.

Rose Kennedy

This cocktails also known as a “VSS” (vodka soda splash) is about refreshing as possible, and a low calorie alternative to other options.  Developed in DC in the late 80s, the original Rose Kennedy was garnished with lemon only and contained only enough cranberry to make the drink barely pink making the squeezed lemon and cranberry flavors faint but equal. At the time, the use of a lime made it an Ethel Kennedy.

Ingredients

  • 2 ounces vodka
  • 1 1/2 ounces soda
  • 1/2 ounce of cranberry

Create

  1. In a glass filled with ice, add vodka and soda
  2. Splash cranberry juice and garnish with a lemon wedge

RELATED: 8 Ways to Enjoy Marijuana Without Smoking It

Apple Cider Margaritas

While apple pie is the third favorite holiday (behind pumpkin and pecan), it is a delicious flavor to mix into the classic margarita…it give it an autumn feel and pairs perfectly with the tequila.

Ingredients

  • 1 medium lemon
  • 2 ounces Reposado or silver tequila
  • 1 1/2 ounces apple cider or unfiltered apple juice
  • 1/2 ounce maple syrup
  • 1 pinch ground cinnamon
  • 1 cinnamon stick or thin apple slices for garnish

Create

  1. Juice  medium lemon until you have 3/4 ounce
  2. Place the lemon juice, 2 ounces tequila, 1 1/2 ounces apple cider, 1/2 ounce maple syrup, and 1 pinch ground cinnamon in a cocktail shaker
  3. Fill the shaker halfway with ice Seal the and shake vigorously, about 20 seconds.

Pour through a strainer into the glass

Garnish with a cinnamon stick and thin apple slices if desired



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