AUGUSTA – Lawmakers on the Criminal Justice Committee approved an amended proposal Wednesday to ban the sale and possession in Maine of the hallucinogenic herb Salvia divinorum.
The amended bill, approved in an 8 to 4 committee vote, would regulate salvia in the same way tobacco products are regulated in Maine. Adults 18 and over could legally purchase and use the material. Selling or providing salvia or its active ingredient Salvinorin A to anyone under the age of 18 would be a criminal offense. Possession by a minor would be a civil violation, punishable by a fine, community service or both. The measure must now go to the full Legislature for debate.
The original language of the bill, LD 66, would have banned sales and possession outright, regardless of age. The measure was sponsored by Rep. Chris Barstow, D-Gorham.
The leaves of Salvia divinorum can be smoked, eaten or chewed to induce a brief but potent hallucinogenic state. Salvinorin A can also be processed into a distilled tincture and smoked. Users are often advised to have a “sitter” with them to keep them safe.
Related to common culinary sage, mint and a popular garden ornamental, Salvia divinorum is readily available on the Internet as well as in some smoke shops. Some states have banned or regulated the material. The federal Drug Enforcement Agency has put salvia on its “watch” list but has not yet made it illegal.
Several committee members at Wednesday’s work session questioned the need to criminalize a drug that hasn’t caused much of a stir in Maine and apparently has little or no addictive potential.
Rep. Gary Plummer, R-Windham, said he was “torn” about the issue. On one hand, he said, Maine should be proactive in preventing a tragedy like the now-widespread opiate addiction problem that caught policymakers unaware in the mid-1990s. On the other hand, he said, lawmakers should avoid enacting unneeded laws.
“I don’t like horror movies,” he said. “And I don’t watch them. But I don’t think we should ban them outright.”
Rep. Patricia Blanchette, D-Bangor, had no such qualms.
“We have a chance to make a useless herb illegal in the state of Maine and we should do it now,” she said.
Eight committee members supported the amendment proposed by Rep. Richard Sykes, R-Harrison. Four opposed it. Two minority reports will be issued: one in support of the original proposal, and the other rejecting altogether the regulation of Salvia divinorum.
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