Salvia Divinorum and Salvinorin A: The Dangerous Substances America Does Not Know About

• Author: Tim Pudlowski
• Position: Capital University Law School, J.D. candidate, May 2010
• Pages: 41-78

SALVIA DIVINORUM AND SALVINORIN A: THE

DANGEROUS SUBSTANCES AMERICA DOES NOT KNOW

ABOUT

TIM PUDLOWSKI*

I. INTRODUCTION

Go t o YouTube.com, search for “salvia divinorum,” and click on one

of the thous ands of videos to watch. The videos dep ict people, even young

children, acting in mind-blowing ways aft er consuming salvia div inorum, a

hallucinogenic herb.1 In one such depi ction, a twenty -seven year-old man

imagined “he was in a boat with little green men” soon after taking a hit of

salvia divinorum.2 Next, he immediately fell to the floor in convulsive

laughter.3 The vi deos, which can be disturbing , are just one way

communities acros s the nation ar e learning of this substance.

Although this man’s experience d id not create harm to himsel f or

others at the time he consumed salvia divinorum, other stories about users

of the substance are much more alarming. In Delaware in 2006, Brett

Chidester, a seventeen year-old “model student with no history of mental

illness,” seemed to have it all going for him.4 Then, he began to smoke

salvia divinorum several times per week.5 At the same time he began

smoking the substance, accord ing to a journal he kept, he started to feel

that life was po intless.6 Shortly after, Brett committed suicide, and the

medical examin er listed salv ia divinorum o n his death certificate as a

contributing factor to his death.7 Cons equently, Delawar e passed a

Copyright © 2009, Tim Pud lowski.

* Capital University Law Scho ol, J.D. candidate, May 2010. I would like to thank my

parents, sister, and family for providing me with support and inspiration. Additionally, I

would like to g ive a special thanks to the L aw Review Editors, Dr. Martha S hockey-Eckles,

and all of my former professors and teachers for demanding th e best of me and making this

article possible.

1 Kevin Sack & Brent McDo nald, Popularity of a Hallucinogen May Thwart Its

Medical Uses, N.Y. TIMES, Sept. 9, 20 08, at A1.

2 Id.

3 Id.

4 Id.

5 Id.

6 Id.

7 Id.

42 CAPITAL UNIV ERSITY LAW REVIEW [38:41

legislative bill, known as Brett’s Law, which banned salvia divinorum.8

Although the bill came too lat e to protect Brett, it is not too late to protect

others.

More legislation is necessary to prevent incidents like Brett’s death

from occurring i n the future. Traditi onal drugs, such as lysergic acid

diethylamide (LSD) and marijuana, among others, have a negative impact

on society, which l ed to their prohibition in the Unit ed States.9

Over the past decad e, salvia divinorum, a plant , and its activ e

constituent part, salvino rin A, hav e s pread across the United States.10 As

they have spread across the country, the drug’s use has i ncreased among

citizens, nearly unn oticed, and becaus e salvia divinoru m is a powerful

hallucinogen, it is endangerin g societ y.11 The stories and videos d epicting

salvia divin orum’s harmful ef fects are wid ely available , but still t he federal

government an d most states have not made salv ia divinorum nor salvin orin

A illegal.12

The federal government an d all fifty states need to take s teps to prot ect

society from sal via divinoru m and salvin orin A. Sp ecifically, bec ause they

are in creasingly dangero us substances to commu nities through out the

United States, and they contain simil ar ingredients and produce effects

similar to illegal drugs, the federal and state gov ernments should prohib it

them.

This article begins by examining salvia divin orum and its act ive

constituent part, salvinorin A. Additionally, it states the substance’s

origins, effects, and use, follo wed by a discussion of recent legisl ative

trends and current drug laws. Next, this art icle examines similar drug s’

effects (i.e., marijuana and LS D)13 and co mpares the effects of those drugs

8 Id.

9 21 U.S.C. §§ 801(2), 812( c) (2006).

10 Sack, supra note 1, at A1.

11 Chris Martell, Salvia: The Unregulated Drug Salvia Divinorum is Creating Enough

of a Hallucinogenic H igh That State Lawmakers Are Moving to Ban It, WIS. ST. J., June 18,

2007, at A1.

12 See OFFICE OF DIVERSION CONTROL, DRUG ENFORCEME NT ADMIN., DRUGS & CHEMS.

OF CONCERN: SALVIA DIVINORUM & SALVINORIN A (Nov. 2008), h ttp://www.deadiversion.

usdoj.gov/drugs_concern/s alvia_d/salvia_d.htm [hereinafter SALVIA DIVINORUM &

SALVINORIN A].

13 Salvi a divinorum is characterized as a halluc inogen. SALVIA DIVINORUM &

SALVINORIN A, supra no te 12. Because LSD i s a typical hallucinog en, the most commonly

used hallucino gen, and its effects “apply to other hallucinogens,” th is article will examine

LSD in representat ion of all hallucinogens wh en comparing it with salvia divinorum.

(continued)

2009] SALVIA DIVIN ORUM 43

to salvia divinorum. This article also provides an in-depth analysi s of

public policy reasons for and against drug l aws and an analys is of why

federal and state go vernments should prohibit salvia divinorum. Lastly,

the article suggests and predicts fu ture legislation for salvia div inorum.

II. SALVIA DIVINORUM

A. Salvia Divinor um’s Origin an d Contents

Salvia di vinorum is an herb pl ant native to Oaxaca, Mexi co, but it can

also be grown domestically in t he Unit ed Stat es.14 It can g row mor e than

three feet high, and i t produces “large green leaves, hollow square stems

and whi te flowers with p urple calyces.”15 The leaves are primarily where

the substance’s active ingredient, salvinorin A, is found.16 “[ S]alvinorin A

is a po tent and selective kappa opioid recep tor agonist,” meaning it

activates the kappa opio id receptor to produ ce hallucinogeni c effects.17

Other hallucinog ens, which ar e already proh ibited, are kappa opioid

receptor agonists as wel l, but they also act ivate a person’s serotonin 2A

receptor, which mediates hallucinogen ic effects.18 Neither salvinorin A

nor any other constituent of salvia divinorum activate the serotonin 2A

receptor,19 thereb y maximizi ng their hallucino genic effects . Thus,

salvinorin A is the component that makes salvia di vinorum so dang erous.20

B. Salvia Divinor um’s Effects

Users consume salvia divinorum in t hree ways.21 It can be smoked,

chewed, or drank as an i ntoxicating tea when its leav es are boiled.22 After

consuming it, users can feel several effects within thirty seconds,23 and

NAT’L INST. ON DRUG ABUSE, RES. REP. SERIES, PUBL’N NO. 01-4 209, HALLUCINOGENS &

DISSOCIATIVE DRUGS 1, 2 (March 2001), a vailable at http://www.d rugabuse.gov/PDF/

RRHalluc.pdf [hereinafter HALLUCINOGE NS AND DISSOCIATIVE DRUGS].

14 SALVIA DIVINORUM & SALVINORIN A, supra note 12.

15 Id.

16 Id.

17 Id.

18 Id.

19 Id.

20 See id . This article only briefly mentions salvinorin A ; salvinorin A is implicitly

included in discussions of s alvia divinorum.

21 See Richard L ezin Jones, New Cautions Over a Plant with a Buzz, N.Y. TI MES, July

9, 2001, at B1.

22 Id.

23 SALVIA DIVINORUM & SALVINORIN A, supra note 12.