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What States in the US Have a Problem With Salvia?



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.


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.

Thanks for dropping by! Welcome to; a news publication where we provide you with the best in cannabis and psychedelics reporting. Head our way regularly to stay updated, and subscribe to the Cannadelics Weekly Newsletter, so you always know what’s going on.

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Rainy Weather Cocktails – The Fresh Toast




It is official, it is autumn.  Time for pumpkin spice, holiday shopping months early, football, and the beginning of cuffing season.  Long work days and wet nights mean you might need a special cocktail (or two) to help get through this time of year.  And here are some great rainy weather cocktails.

Photo by Ozark Drones via Unsplash

Dark and Stormy

What says fall weather more than the classic Dark and Stormy.  Something to match the weather outside but making you happy on the inside!

mix one part of dark rum – the darker, the better – with four parts of ginger beer. Pour over ice and garnish with lime. It’s smooth, spicy, and refreshingly cool.

Long Island Ice Tea

Autumn is all about harvest and bounty, and nothing is more bountiful than the booze in a Long Island Ice Tea.  Perfect for football, long evenings and day drinking. A Long Island Iced Tea is made with equal parts gin, tequila, vodka, rum, and triple sec.  You can add some pizzazz by adding in Coke/Diet Coke, which also serves the purpose of not making it extra strong.

RELATED: 4 Great Whiskeys For A Dinner Party

Blood Orange Margarita

Fall starts us thinking of travel including ski trips and warm destinations.  Get a start with this blood orange margarita. Start by juicing one blood orange and combining the juice with two ounces of silver tequila and a teaspoon of agave nectar or sugar. Combine in a cocktail shaker full of ice, shake for 30 seconds, and then strain. It’s best served in a salt-rimmed glass and garnished with a thin slice of blood orange.

clear drinking glass on black table

Bourbon or Whiskey

Similarly, bourbon and whiskey boast specific tasting notes and flavor profiles that pair perfectly with cozying up by the fire, your favorite comfort foods, and staying indoors as you watch the leaves and then snow fall. Serve them with or without ice and enjoy.

Whiskey Sour

A traditional whiskey sour is made with whiskey, lemon juice, sugar, and an egg white. The egg white adds a creamy, rich flavor and a frothy texture to the surface, which is fun to drink. Today, it’s often more common to find bars serving Whiskey Sours without egg white. But if you want to taste the original incarnation of the drink, and put a little protein in your system, give it a try.

When using egg white, you’ll want to perform a “dry shake,” meaning to shake all the ingredients without ice before shaking again with fresh ice. This incorporates the ingredients together while aerating the egg, akin to making a meringue. It creates a fuller-bodied drink with a more luxurious mouthfeel.

The equinox is upon us, so here are some rainy weather cocktails. Hope you “fall” in love with these autumn drinks!

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Andrew Laub

Is The Cannabis Industry Growing Up




The last 2.5 years have been tough for the recreational marijuana industry.  Flower prices have plummeted, New York had a fiasco of a recreational rollout, and some major companies have been on the edge of collapse. But things are changing. The slow moving Biden administration has finally agreed to talk about rescheduling and SAFE Banking again goes before a Congress in turmoil. Is the cannabis industry growing up and starting to act and perform like other mainstream industries?

Despite the trouble, consumer use it up with the long term base of customers growing. While 90% believe it should be legal in some form, about 46% of adults have used marijuana at least once.  The under 40 set sees it almost like beer, sodas and fast food, just a life option.  One key positive for this information is they are more likely to try new products unlike the 65+ who are much less likely to try new things.

RELATED: California or New York, Which Has The Biggest Marijuana Mess

Signs of the industry emerging from its growing pains are clear.  The industry is adjusting reality.  As a $22+ billion industry in 2022, it wants to act like a $250+ billion industry. But market forces are right-sizing in a variety of ways.  There were over 750 conferences/trade shows/ investor conferences in 2018, now there are roughly 200.  Indoor grow companies, the most expensive way to produce, are having to adjust pricing.  Some are threatened with closing because of their assumption of always high premiums.  Commodity fluctuating pricing used in everything from oil to butter has come to weed.  But consumers are still buying in droves, even Montana boosted high sales.

marijuana money
Photo by Cappi Thompson/Getty Images

“In most industries, at first everyone wants in and thinks they can make a quick fortune immediately. When that happens people are misguided by false information and the wrong people from other shady pasts thinking they know it all. The cannabis industry is no different and it will act like other successful ones. We needed this readjustment, most of the bad players are out, the misinformed are on the sidelines and the ones who put the time and proper energy into the space are still around and will thrive.” says Andrew Laub, managing partner of Keneh Ventures.

Big names have also struggled recently.  Medmen, King’s Garden, The Parent Company, and others all closed or are a faction of where they were. The early days with promises of easy money, private jets, crazy parties, and hot eye candy swarming around have passed and now it is spread sheets, hard work and focus. Canopy Grow has moved operations from Canada to the US and is applying all the learnings from a highly successful alcohol company to a major player in marijuana.

The industry has also slowly moved to listening to consumers.  Marley brands have fallen away to Wana Brand’s products which appeal to a younger, diverse audience. As the future looks to legalization, product companies are increasingly looking at what will do well on the shelves of Walmart and Target and not something to snicker about with bro friends.


“The industry is evolving at a quicker pace today due to the assumed changes to cannabis scheduling with the Controlled Substance Act and possible SAFE Banking Act passing in Congress in some form of tandem news. This is causing mainstream investing to get excited again about cannabis, but mainstream does their due diligence and only wants to invest their money in competent and honest people.” shares Curt Dalton, founder of

While the industry still has work, large investors see the future where there are fewer products with large distribution, indoor grow and cheap base prices, and a giant consumer base who will look to familiar places to purchase products.

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All about Cannabis

B.C. Court Dismisses Cannabis Retail Lawsuit – Cannabis | Weed | Marijuana




A British Columbia (B.C.) court dismissed a lawsuit from owners of licensed cannabis retail shops. Last year, this group of cannabis retailers sued the province for not enforcing cannabis regulations.

While licensed cannabis retailers jump through bureaucratic hoops and pay excessive taxes on the faulty premise that this contributes to “public health and safety,” the B.C. Bud market of “illicit” retailers doesn’t face these same hurdles.

Particularly on Indigenous Reserves, where the plaintiffs claim damages of at least $40 million in lost revenue.

Justice Basran considered whether the province owed the plaintiffs a private law duty of care in this context. The plaintiffs claimed the province committed torts of negligence and negligent misrepresentation.

But what does this mean? And was Justice Basran’s dismissal of the lawsuit justified? 

Details of the Plaintiff’s (Cannabis Retail) Argument

B.C. Court Dismisses Cannabis Retail Lawsuit

While the cannabis retailers suing the province wished to remain anonymous, CLN uncovered who they were. Their position is understandable. The government sold them a bill of goods.

When Canada legalized cannabis, the province of B.C. effectively said, “play by the rules and you’ll profit.” The reality has been anything but.

Obviously, licensed cannabis retailers are at a competitive disadvantage vis-a-vis the unlicensed cannabis shops

So why did Justice Basran dismiss the lawsuit? 

First, let’s look at what the plaintiffs claimed in their suit. What do “torts of negligence” and “negligent misrepresentation” refer to in this context?

Tort Law

Negligence is a fundamental concept in tort law. It means a failure to exercise a degree of care reasonable people would exercise in similar circumstances.

To establish a claim of negligence, the plaintiff (in this case, a group of licensed cannabis retailers) needed to prove the following:

  • That the province of B.C. owed a duty of care to the licensed cannabis retailers. 
  • That the province breached that duty by failing to meet the standard of care expected under the circumstances (i.e. The province’s cannabis enforcement authority should have been raiding unlicensed shops more than they were)
  • That the province’s breach of duty directly caused harm or damages (i.e. Causation) to the licensed cannabis retailers
  • And that these actual harms (or losses) result from the province’s breach of duty.

The plaintiffs alleged that B.C. failed to enforce cannabis regulations (specifically, the Cannabis Control and Licensing Act) on Indigenous Reserves. They claimed this negligence resulted in damages of at least $40 million.

Negligent misrepresentation is a specific type of negligence claim that arises when one party provides false or misleading information to another party, and the party receiving the information relies on it (to their detriment).

To establish negligent misrepresentation, the licensed cannabis retailers had to prove the following:

  • That the province made a false statement, whether intentionally or not
  • That the plaintiffs relied on this false statement
  • The plaintiffs suffered financial (or other) losses from relying on this false statement.

In this case, the plaintiffs said that B.C. promised them a viable, legal, above-the-board retail cannabis industry. One way of ensuring this would be to take enforcement action against unlicensed retailers, whether on Indigenous Reserves or not.

Did the B.C. Government Owe a Duty of Care to the Cannabis Retailers?

B.C. Court Dismisses Cannabis Retail Lawsuit
Unlicensed cannabis shop in B.C.

Justice Basran considered whether the province owed the plaintiffs a private law duty of care. The B.C. government argued that it did not owe such a duty because the parties had no direct relationship.

But what does this mean?

In tort law, a “duty of care” is a legal obligation imposed on an individual (or group, entity, etc.) to exercise reasonable care and caution to prevent harm to others affected by their actions and omissions.

Of course, not all actions or omissions give rise to a duty of care. That’s where proximity comes in, which refers to the direct relationship between the parties. In this case, whether a direct connection between the province’s cannabis regulators and the cannabis retailers justifies imposing a legal duty.

Justice Basran had to determine whether the province of B.C. owed a “private law duty of care” to the cannabis retailers. Of course, B.C. argued that it did not. They argued that their duty was the “public interest,” not the economic interests of specific businesses.

Justice Basran agreed that no duty of care existed due to lack of proximity. 

How Did the Court Come to this Decision?

B.C. Court Dismisses Cannabis Retail Lawsuit

Justice Basran dismissed the B.C. cannabis retail lawsuit based on the “plain and obvious” legal standard used when deciding to strike pleadings. 

The court considered the Anns/Cooper test to determine whether a duty of care existed. This involves two stages. First, whether the harm alleged was reasonably foreseeable. And second, whether there is a close relationship between the parties (proximity).

Justice Basran found no prima facie duty of care between the province and the licensed cannabis retailers. The court argued that B.C.’s cannabis regulations do not establish a legislative intention to create such a duty.

The court also ruled that the claims made by the province (i.e. Get licensed and profit) did not create a sufficient relationship to impose a duty of care.

Suppose the court had recognized that such a duty exists. Justice Basran was concerned such a decision could result in more of these types of lawsuits where the province (and its regulators) are held liable for the economic losses of numerous businesses due to their incompetence.

Justice Basran weighed the potential negative consequences of such a decision and decided it wouldn’t be in the best interests of the legal system, taxpayers, or society as a whole to impose such a duty.

B.C. Court Dismisses Cannabis Retail Lawsuit

A B.C. court has dismissed the cannabis retail lawsuit. The decisions sound as if what’s convenient for the government overrules what’s just and fair.

Was Justice Basran’s dismissal of the lawsuit justified? Judges are, after all, only human. And there is an appeals court. So, there may be more to the case in the future.

In the meantime, to argue that judges in Canada have far too much power, that they are, in effect, legislating from the margins is considered a “far-right” viewpoint. 

But there is nothing “far-right” or even “far-left” about upholding the values that underpin our rule of law. 

Suppose governments can evade the consequences of their actions because of the potential cost to taxpayers or the legal system. In that case, there is no rule of law.

It’s rule by fiat masquerading as a rule of law.

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