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.

…Exeter Police Chief Richard Kane, among others, is adamantly opposed. "If we reduce the penalty for small amounts of marijuana, it will eventually lead to legalization and I think that's heading in the wrong direction," he said last week.

Nashua Police Chief Donald Conley also said it would be a mistake to take the sting out of the law. [Boston Globe]

But Conley said it is rare for first-time offenders to get jail time for possession of small amounts of marijuana.

"As far as someone getting arrested and their lives being ruined, I don't think that's the case," he said. "Employers are more forgiving in this day and age, and police prosecutors frequently reduce marijuana cases down to violations…"

I've just been informed that the Rhode Island House has passed medical marijuana again, this time making the law permanent.

RI Gov. Donald Carcieri has twice vetoed this bill, and now looks doubly foolish. Not only has he attempted to stand between deserving patients and their medicine, but he has failed dramatically and repeatedly.

This great victory is testament to the wisdom and compassion of the Rhode Island House and Senate, as well as the hard work of countless patients, activists, and organizations who fought and won this unnecessarily drawn-out battle.

The political future of medical marijuana remains bright as ever before.

Update: Jon Perri at DARE Generation Diary credits the major players.

New Mexico has officially become the 12th medical marijuana state, prompting reckless viciousness and incredulity from the Drug Czar. From AP:

"This is a triumph of politics over science," [Drug Czar John Walters] said, suggesting [New Mexico Governor Bill] Richardson sought "to curry the favor of wealthy donors who are marijuana legalization advocates."

That's rich. Considering overwhelming public support for medical marijuana, a more accurate political interpretation would assume that Richardson is attempting to "curry the favor" of almost everybody.

As I've said before, there are really only like six people on the "con" side of the medical marijuana debate. Our opposition otherwise consists of confused parents and arrogant moralists who would be panicking about something else if they hadn’t been tricked by these six people (it used to be seven).

If John Walters wants to bark about the political viability of marijuana policy reform, let's buy him a bullhorn.

First it passed the Senate and died in the House. Then, at the urging of Gov. Bill Richardson, New Mexico's Senate folded medical marijuana into a related bill to permit topical use. Yesterday evening the bill passed the House 36-31. It must return to the Senate for consideration of a minor change that occured in the House, but given strong support there and the assurance of the Governor's signature, I believe it's safe to say we're looking at our 12th medical marijuana state.

Congratulations to our friends at the Drug Policy Alliance who've worked extremely hard to make this possible. Also worthy of recognition is New Mexico Governor Bill Richardson himself, who pulled out the stops to protect patients in his state.

Of course, every step towards protecting medical marijuana patients is an important victory, but it is particularly notable that Richardson championed this bill while exploring a bid for the presidency. Richardson is a calculating politician who's not known for taking risky positions. Suffice to say, he ain't exactly Dennis Kucinich.

Richardson's willingness to stand up for patients at this time speaks volumes to the growing political viability of medical marijuana policy reform.

Update: Boston Globe looks at the political implications of Richardson's stance on medical marijuana and concludes that it's not a big deal.

"I don't see it as being a big issue," he said. "This is for medicinal purpose, for ... people that are suffering. My God, let's be reasonable," he said.

It shouldn't be a big deal, but it is. With so many problems here and abroad, our government still finds resources to generate controversy over this. It's obscene.

Opponents disputed that marijuana was an effective medicine. "Medically it just really has no value. For us to approve a drug like this tells our children and tells the rest of the people in this state that we, somehow as leaders, give tacit approval to the use of this drug," said Rep. John Heaton, D-Carlsbad and a pharmacist. "That is absolutely wrong for us to do." He described marijuana as "the No. 1 gateway drug to abusing other drugs in our society."

Opponents of the bill said marijuana remains illegal under federal law, and patients in New Mexico could be subject to potential federal prosecution.