State & Local Legislatures

Editor's Note: Eric B. Wilhelm is an intern at StoptheDrugWar.org. His bio is in our "staff" section.

As the recent frenzy over the herb salvia divinorum and attempts to ban it have heated up in a number of states, the opportunity to honestly and realistically discuss the matter in terms of drug policy has been mostly lost in favor of irresponsible journalism and knee-jerk political reactions.

Opportunistic politicians have come out with particularly harsh demands for criminalization in order to appear protective of troubled youth, while journalists stand by, failing to challenge orthodox prohibitionist assumptions. One example of rampant alarmism and distortion is the March 11 article by the Associated Press entitled "Is Salvia the Next Marijuana?" Without even detailing how this widely distributed piece is unbalanced and lacking, we can merely examine the title to see the way that utterly misleading beliefs about drugs are perpetuated by the media.

It's really quite simple why salvia is so far from being "the next marijuana." The offending article itself establishes early on that the herb "is a hallucinogen that gives users an out-of-body sense of traveling through time and space or merging with inanimate objects." Even the most dishonest drug warrior wouldn't claim marijuana does anything like that to users. Other recent articles quote users who say the salvia high is simply not fun or long-lasting enough to make people want to try it more than once.

Marijuana lasts much longer, often induces euphoria and laughter, and merely alters the user's perceptions a bit -- it does not immediately "blast them into outer space." Because the dissociative and hallucinogenic qualities of salvia are so intense and jarring to the psyche, few choose to consume it very frequently. The tens of millions of Americans who use marijuana generally are not looking to dissociate themselves from their bodies or their surroundings, but often to do the very opposite - to enhance their experiences or simply to relax in their surroundings. Anyone who has any doubt that the use of a hallucinogen will never overtake marijuana use can check the Monitoring the Future survey of drug use by high school students. The most recent data shows that for every 12th grader who used ANY hallucinogen (LSD, magic mushrooms, PCP, mescaline, salvia etc.) in the past month there are 11 who have used marijuana in that time.

Looking beyond the absurdity of claims that salvia may become the "next marijuana," in terms of popularity or frequency of use (as implied by the media hype), there are a few ways in which salvia may become quite similar to America's favorite illegal drug. As salvia becomes a banned drug in more and more states, illicit drug dealers will no doubt pick up the slack in demand. Curious adolescents will no longer have to find their way to the head shop across town in order to buy some -- trying to convince someone 18 or older to actually buy it if they are underage -- because their neighborhood drug dealer might be offering it to them the next time they score some pot. Alternatively, salvia users who grow their own plants in their home or garden, which is reportedly an easy task, will soon become the subject of the kind of SWAT raids that often claim the lives of innocent people. By the way, this little bit of gardening will get you a mandatory minimum of 2 years in prison in Louisiana.

I have to wonder whether concerned citizens who are passionately calling for outright criminalization have truly considered what the potential results of their demands. In some states the possession of salvia is a felony, which could include years in prison and hard labor. We ought to seriously consider whether we want the government and police to be deciding how to deal with young people who begin experimenting with this substance or if the guidance or punishment should be left up to parents. Is hard labor really what a bored and curious young person needs to "straighten them out"? And what about the users of salvia who claim to be consuming the drug responsibly and for the purpose of gaining spiritual insight or to foster deep introspection? How will society at large benefit from spending our collective resources tracking down and imprisoning them?

If it makes no sense criminalizing salvia, how can we justify the rest of the War on Drugs? There is no way to arrive at a rational drug policy without asking such questions. As it stands though, challenging conventional beliefs about drug laws is about as alien to most politicians as salvia trips, so the task of thinking clearly and demanding change belongs to the people.