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Why Isn't Salvia Extract Illegal?

The extract produced from the Salvia divinorum plant, a genus of the common sage plant (Salvia officinalis) and a member of the mint family, possesses hallucinogenic properties that have recently begun to draw the attention of legal authorities.
  1. History

    • Salvia divinorum historically has been utilized by indigenous peoples of the Sierra Mazateca region of Oaxaca, Mexico. Only recently have legislators and law enforcement agencies begun to question its potentially harmful effects and move to regulate it legally. As of October 2010, the plant is regulated in a number of the United States and other countries, with many states also having introduced pending legislation.

    Confusion

    • However, the laws and pending legislation differ widely in their scope from state to state with an extensive hodgepodge of statutes. As of October 2010, the United States federal government has yet to enact any criminal restrictions concerning the plant, although it is listed as a "drug of concern" by the U.S. Drug Enforcement Administration.

    International Legality

    • Salvia divinorum is drawing international regulation also. "Australia, Belgium, Brazil, Denmark, Finland, Germany, Iceland, Italy, Japan, Norway, South Korea, and Sweden have passed laws or promulgated regulations to control the importation, cultivation, possession, and/or sale of Salvia and/or Salvinorin A" (the hallucinogenic chemical extract of the plant), reports an article published by the U.S. National Association of Attorneys General.