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Is Salvia Divinorum Legal in California?

Written by Steven Daily, LawServer Attorney-Editor   
Last Updated April 30, 2009

Salvia divinorum, the hallucinogenic plant that is an increasingly popular drug of choice around the world, is legal in most U.S. states and most countries.  In California, it is generally legal to possess and distribute Salvia divinoru.  The exception is that no one may sell or distribute it to a minor.  Section 379 of the California Penal Code reads:

Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person who is less than 18 years of age, is guilty of a misdemeanor....

Violations of § 379 are punishable by imprisonment in a county jail for up to six months, or by a fine of up to a  $1,000, or both.

Section 379 of the California Penal Code was enacted and signed by Governor Arnold Schwarzenegger in July 2008 and became effective January 1, 2009.

 

 

Questions & Answers: Salvia Divinorum

Up to 6 months in jail over a plant? What a great way to spend taxpayer money. Just fantastic. ...
Of course your corporate legislators simply must defend the people from proven means to end addictions, such as Salvia. We wouldn't want the citizens getting straignt. They migh...
These synthetic substitutes are extremely dangerous if you do the research. I know people who have used it and they thought they were going to die and never used it again. I also h...
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k2 incense: ... http://www.k2-incense.com
Up to 6 months in jail over a plant? What a great way to spend taxpayer money. Just fantastic.
1

July 23, 2010

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