August 21, 2006
Hallucinogenic herb walks legal fine lineSalvia Divinorum is a potent hallucinogen traditionally used by Central American shamen; it is also available over the counter at the age of 18 in the United States.
According to Joseph Caton, a Drug Recognition Expert of the Mesa Police Department, salvia divinorum is an herb drug that is smoked in indigenous Central American religious rituals. The drug is used to induce visions connecting the user to the spirit world. Its function in context with religion is spiritual guidance and cleansing.
“The person with a question or ailment would go to the shaman, and together they would smoke the leaves of the plant. The shaman acts as a spirit guide, taking the other person through the experience in order to find an answer to an either physical or mental problem,” Caton said.
He said that in the United States, it is used primarily as a recreational drug, much like LSD or mushrooms; however the effects last for only 15-30 minutes. He also said that in the United States, an extract form of the drug is more common. The extract is dark brown to black in color, and is the consistency of chewing tobacco. The drug can be purchased over the counter since it is perfectly legal. However, the places where it can be purchased may not advise how to use the product.
Brian Holloway, a representative for Club 13, a brand that distributes salvia, said that the salvia distributed by Club 13 originated and is grown in the Oaxaca region of Mexico.
Club 13 labels their product “for incense use only.”
Holloway said that this labeling releases them from any liability should someone be harmed by smoking their product.
“If they smoke it, they are not using our product as intended, and we are not responsible for the results,” Holloway said.
Club 13 provides indirect instructions for use on their packaging, as well as the statements, “First time users exhibit caution! Tolerances vary. Use at your own risk.”
Although the drug is not illegal, dealers that provide specific instructions for use can be prosecuted criminally as well as civilly if their product results in physical harm or death, Caton said. He also said that their have been no known deaths associated with salvia divinorum.
Caton has had one encounter with the drug while on duty. He pulled over two teens that had been driving poorly. They exhibited signs of being under the influence of a hallucinogen. He said the teens were coming down from the drug when they were pulled over.
“They were mellow and compliant. When I asked them what they were on they freely admitted to smoking salvia, which is legal, however, in Arizona driving under the influence of any substance constitutes a DUI, whether the substance is legal or not,” Caton said. “If they had denied smoking salvia they may have gotten away with it,” Caton said. The staples of a drug screen are methamphetamines, cannabis, heroin, LSD, and PCP.
Salvia, like pharmaceuticals, is test specific, meaning that unless an officer knows to test for it, the drug will not show up in a basic screening. According to Holloway, as potency increases, the user may experience more of a body high, while the visual effects remain the same.
“There are no known health risks associated with smoking salvia, whether it be more or less potent. The only danger would be the actions of the person that has just smoked it. Whatever they are seeing is not real. I advise having a sober person to sit and watch to make sure nothing happens,” Holloway said.
According to Caton, the reason is not that salvia is legal. It is that it has not been made illegal yet. He said that Australia has made salvia a controlled substance and that here in the United States “it is only a matter of time.”
Caton said that due to its availability on the internet, salvia and other similar herbal drugs are easy for underage people to buy. Websites only require patrons to check a box saying that they are of legal age.
“If people are getting caught doing things they shouldn’t, or getting hurt or hospitalized due to salvia, and it becomes a danger to the public, that is when the government would step in and make it a controlled substance. If people act responsibly it won’t need to happen,” Caton said.
