Policymakers in Maryland have an opportunity to choose reason over prohibition this legislative season when considering Senate Bill 9 (R-Colburn), a bill that would classify Salvia divinorum, a hallucinogenic herb which is currently legal to use in Maryland, as a Schedule I substance. If passed the bill would impose misdemeanor and felony penalties, including prison terms of up to 20 years for selling salvia. 

Salvia has been used for spiritual purposes for centuries by native people of central Mexico. Recent studies have also suggested it may be useful in treating addiction, chronic pain, Alzheimer’s disease, schizophrenia and bipolar disorder.

With psychoactive effects ranging from mild euphoria to out-of-body hallucinations (depending on dosage), salvia has gained popularity among recreational users in the U.S. since the late 1990’s, when it became readily available on the internet and in smoke shops. A federal survey conducted by the Substance Abuse and Mental Health Services Administration in 1996 found that 1.8 million people aged 12 and over had used Salvia divinorum, including nearly 756,000 in that year alone.

While 13 states currently have laws either banning or regulating the possession and sale of salvia, U.S. Congress has yet to schedule it as a controlled substance. In the gap, use by recreational users, many of whom appear unprepared for salvia’s potentially strong effects, has caught the attention of policymakers and law enforcement.

Police in Maryland describe a trend of young people buying Salvia from shops on the boardwalk in Ocean City, then coming into contact with law enforcement while under the influence.

"Without exception, every user has said, quote, 'That stuff should not be legal,' " testified Ocean City Police Capt. Robert Bokinsky at a Jan. 27 preliminary hearing before the Senate Judiciary Committee.

Republican lawmakers also point to adverse reactions among users, as documented on Youtube, in justifying a ban on Salvia.

"It's nothing short of disturbing," said Sen. Richard Colburn (R- Wicomico), the bill’s sponsor. "Watch it for yourselves. See how they lose all coordination, experience emotional swings, dizziness and nausea. Now, imagine that person is your child or grandchild."

Supporters of the bill also express concern over the ready availability of salvia, with particular regard to young people. They suggest that Maryland should follow the lead of states that have already banned it.

"It's considered by most scientists to be more potent than LSD, and it's readily accessible to anyone in the state of Maryland who wants to purchase it," said Del. Jeannie Haddaway (R-Talbot), who is sponsoring a similar bill in the House. "All around us, states are restricting it or banning it, and in Maryland you can still get it. Young people who may not have ever tried drugs before can legally purchase this and not realize how potent this is, or what the effect is going to be."

Naomi Long, director of the Washington, D.C.-metro office of the Drug Policy Alliance warns, however, that banning salvia won’t stop young people from accessing it, suggesting that it will only drive it underground.

"Drug dealers do not card," Long said. "Our young people are able to access marijuana exactly because it's out the realm of regulation."

Long urged policymakers to reject the bill in its current form and recommended they find a middle ground. She pointed to the success of tobacco regulation and education in reducing the number of young users.

"We didn't have to criminalize tobacco or create long prison sentences for cigarettes to achieve these amazing results," she said. "The decrease was due to quality, comprehensive education at all grade levels about the health consequences of smoking and strict laws about sales to minors. This approach is working for tobacco."

Long has been leading the Drug Policy Alliance effort to stop the bill, including distributing a policy brief to legislators, submitting written and in-hearing testimony, and issuing a news advisory to media– which received considerable coverage.

Her work appears to be paying off. Several committee members expressed strong doubt of the bill's effectiveness in addressing the public health and safety concerns associated with salvia use, citing the lack of success with other drugs.

"How are we going to win this one when we're miserably failing at the other ones?" asked Sen. James Brochin (D- Baltimore County).

Long is cautiously hopeful about the fate of SB 9 and salvia in Maryland.

“The members in both House and Senate committees asked great questions and seemed to lean toward taking a more deliberate, less punitive approach. They were especially sensitive to salvia's medical value and the past, negative experiences of other war on drugs policies,” she explained.

“However, there is at least one more salvia bill that will be introduced this session, so we are still working hard to make sure salvia is left unscheduled. Several actors, including the States' Attorney's office, want to do something with salvia this year, so most likely a bill will make it to the Governor's desk. The question is ‘will it be more of the same tough-on-crime rhetoric, or something that actually makes a positive impact on communities?”

Long points out that the debate over salvia is creating an opportunity to discuss broader drug policy.

“One legislator approached me after the hearing and suggested a hearing on whether or not criminalizing drugs is the answer to deal with drug problems. That is the debate we always seek to foster with the bills we support; I just didn't realize that opposing a bill would help spark that conversation!”