Legal Question in Criminal Law in California

Not sure if this is the right section, but here goes.

I was wondering about the laws in California on Salvia divinorum(Any links pointing me to the specific text on laws pertaining to the plant would be helpful). I would like to know about Salvia divinorum's legal status in California as of now. Specifically, about the growing of the plant by minors, and sale to minors and adults. Is it legal for a minor to cultivate SD? Is it legal for a minor to posses SD from cultivation, rather than from buying it? Is it legal for a minor to sell SD to another adult? Once again, any specific links to the actual text of laws on Salvia divinorum would be greatly appreciated. Thank you.


Asked on 4/01/12, 2:52 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

You are playing with fire. It is a psychoactive drug and maybe considered dangerous. It is also my understanding that in 2008 the California legislature passed AB259 into law and that both "Salvia Divinorum" and "Salvinorin A" both became illegal substances.

I know there was a big push to make it illegal to sell to minors. However the wording of the bill changed and at that point it became simply an illegal substance. I believe the bill was introduced my Assembly member Anthony Adams. You may want to contact his office to check it's current status.

I highly recommend staying away from it until you determine the current legal status of the drug.

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Answered on 4/01/12, 9:21 pm


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