Trading Salvia divinorum plants or seeds can be illegal

Baytown, TX(Zone 9b)

I have noticed a couple people wanting to trade for the plants or seeds. I just wanted to point out that in some states this is illegal to have seeds and plants and/or use to get high. It is actually a felony. I am not saying these people are going to use them to get high but I recommend other salvias that are almost the same shade of purple. Please anyone that doesn't know about this be aware that mailing, possessing seeds or plants can have a jail sentence and it is a felony not just a misdemeanor.

(Judy) Simpsonville, SC(Zone 8a)

Wow, I never heard of this. But if you read your link it says it is not a felony and that the campaign against it is linked to the beer and wine industry (I guess they don't want the cometition! Lol.

sun city, CA(Zone 9a)

It is supposed to be a hallucinogen, but is very hard to grow. not illegal in Calif (yet) the flowers are lovely but i have had no luck with it. you can buy plants online from several US sources.

Whitesburg, TN(Zone 6b)

I live in TN and the state law says that:

"It is not an offense to possess, plant, cultivate, grow, or

harvest Salvia Divinorum for aesthetic, landscaping, or decorative purposes."

For the purpose of getting high, it is probably illegal. It does not say one way or the other. In Alabama, one of our bordering states, salvia is classified as a schedule I narcotic just like cocaine and heroin.

As for the seeds, there are no illegal seeds in this nation. Contrary to what people might say, you can still buy and own any seed you want. This includes opium poppy seeds which can be bought from Wal-Mart. When you buy poppy seeds for making bread or bagels, those are opium poppy seeds. The only poppy seeds that taste good are from the opium poppy. In fact, the seeds available commercially are bought from the poppy farmers in Afghanistan, Turkey, Pakistan, and other countries that produce illicit opium and heroin. So, when you eat a poppy seed bagel, you are technically supporting the opium farmers/drug dealers/terrorists. Talk about a good reason to outlaw a seed!

As far as plants go; except for a few states outlawing the salvia plant, the only plant that has ever been illegal is cannabis/marijuana. Interesting huh? You can legally grow opium, as long as you don't harvest it. You can legally grow San Pedro cactus, as long as you do not harvest it. You can legally grow AND harvest the most toxic plant known to man...the castor bean. No one can charge a farmer for possession of the mushrooms that happen to pop up from his cow-patties. However, if you grow hemp, you will be charged a felony for manufacturing a schedule I narcotic. If you grow opium, they have to actually catch you in the act of harvesting the opium to give you the same exact charge...manufacturing a schedule I narcotic. This is the same charge as making crystal meth, or LSD, or MDMA (ecstacy). If you are found with a sprouted cannabis seed, you are charged with manufacturing a schedule I narcotic.

It is still legal to possess cannabis fact, one of my police officer buddies talks about going through a guys "stash" looking for seeds that had germinated so they could charge him with manufacturing pot. Unless the seed is germinated, it is not legally a plant.

Since the dry seed contains no controlled substances, it is not illegal to possess. As far as the Salvia goes, it doesn't seem to be catching on in this country. It is nearly impossible to grow here. The effect is over in a few minutes and I have heard that people really have no recollection of the experience afterwards (the most popular drugs are the ones that people can remember doing). Outlawing a plant is just mind-numbingly preposterous. How about actually stopping some of the drugs that are ALREADY HERE! They outlawed cocaine...its still here. Heroin is illegal, its still here. Meth, LSD, PCP, bath salts (khat), and prescription pills are all illegal and they are all still a REAL problem.

What needs to be done is to stop punishing people for being victims (the addicted users), and start REALLY punishing the dealers. If we let the people with simple possession out of jail and put them in a re-hab program, then we would be able to house the dealers for 25 years or more...mandatory! Including unscrupulous doctors who give pills to anyone with a limp. Get rid of the dealers, get rid of the drug. Make it so utterly life-altering risky to get caught dealing that no one is willing to take the chance. At the very worst, the price on the street would sky-rocket and only rich celebrities and politicians could afford it.

Wonderful, now I am rambling, but back to the point...salvia is illegal in some states, but not in others. Scroll down to the bottom of the link in the first post and it shows you each state individually. Notice though; that none of the states say anything about the seeds. Seeds cannot be illegal because they do not contain any illegal chemicals.

Lastly, don't be paranoid folks, the law enforcement community has a lot of bigger problems than to worry about someone on DG sending a sage plant through the mail.


Brazoria, TX(Zone 9b)

thank you for your informative post, Mike.

Philomath, OR

I grew this plant when I lived in CA before anyone had heard that it could be used to get high. It is pretty. The seeds are edible and very nutritious, Chia is what they call it. Chia is also made from other Salvia sp. Usually S. hispanica. It can be found in in many grocery stores. I hear some folks use Nutmeg to get high. I really don't understand why we all have to be deprived of a plant just because some choose to use it in ways others disagree with.

West Babylon, NY(Zone 7a)

Over the counter medication can be used to get high, but they wont ban that all you need now is a drivers license to buy it, sheesh these stupid rules about plants are crazy by me salvia are sold everywhere so even if they ban it people save seeds and can still grow them if nurseries stop selling.

Kiowa, CO(Zone 5b)

Carolina-Mike....just to let you know cannabis is now legal in 2 states for recreational use....Washinton and Colorado. In Washinton it will not be able to be grown but only bought for smoking. In Colorado the legislature is now deciding what the rules will be. So far anyone over the age of 21 will be able to posess 1 ounce legally,no smoking in public but can grow up to 6 plants for private use. They are trying to determine how high is too high to drive, but anyone suspected of driving under the influence will have to submit to a blood drug test.

Yesterday the state of Washington certified their law and Colorado will follow within 1 month. Many counties however are attempting to opt how for it's sale or growing by citizens tho will allow smoking of such, tho not publically. Colorado has been a Medical Marijuana state for several years along with numerous others. What will be nice is when they can pretty much eliminate the illegal trade and growing of such....many times each summer they find grows that have been established in our beautiful mountains, leaving behind their toxic chemicals and trash. Also making it quite dangerous to accidently stubble upon a grow op when out hiking. And most of these illegal grow operations are by the drug cartels....Hopefully one day we will be rid or them and the tax revenues will stay in this state and be directed toward schools. Right now our state uses the tax revenues from medical mj, to bennefit state parks and recreation, building many new facilities and updating trails, campsites and such.

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