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Legal status of Salvia divinorum in the United States : ウィキペディア英語版
Legal status of Salvia divinorum in the United States
(詳細はSalvia divinorum'' in the United States varies with 29 states (and the territory of Guam) having completely banned it and others considering proposals for banning its use.
==Background==
In late 2002 Rep. Joe Baca (D- California) introduced a bill (Congress bill HR 5607) to schedule Salvia as a controlled substance at the national level. Those opposed to Joe Baca's bill include Daniel Siebert, who sent a letter to Congress arguing against the proposed legislation,〔Siebert 2002.〕 and the (Center for Cognitive Liberty & Ethics ) (CCLE), who sent key members of the US Congress a report on ''Salvia divinorum'' and its active principle,〔Boire 2002.〕 along with letters from an array of scientists who expressed concern that scheduling ''Salvia divinorum'' would negatively impact important research on the plant. Baca's bill did not pass.
Despite this a number of states have proposed their own legislation. For example Louisiana, Missouri, Tennessee, Delaware, Florida, Illinois, North Dakota, and Minnesota have so far passed laws prohibiting ''Salvia divinorum''. ''Salvia divinorum'' remains legal in other states, however. Though some bills have died during session, the situation is subject to further change pending the outcome of more recent bills still at the proposal stage.
Similar to the international situation, in the United States, where individual state legislation does exist, it varies from state to state in its prohibitive degree. Some states, such as Delaware, Louisiana, and Missouri, have imposed the strictest Schedule I classification. By contrast, the state of Maine has passed laws imposing age restrictions, prohibiting use by and sale to minors under 18 years of age - in a manner generally consistent with controls existing for tobacco and alcohol.〔Haskell 2007-02-08 (US Media).〕
Tennessee has some provision for ''Salvia divinorum'' in its natural plant form. - There the law classes its use as a 'Class A misdemeanour', but it is not an offence to possess, plant, cultivate, grow, or harvest ''Salvia divinorum'' for "aesthetic, landscaping, or decorative purposes".〔Burchett 2006, section 1 (c).〕
In some states there is no mention of ''Salvia divinorums's'' active constituent at all. In Delaware for example the plant in its natural form is classified as 'Schedule I', while much more potent purely extracted salvinorin A remains quite legal.〔Peterson 2006, section 3.〕
In Illinois, the wording of the legislation does not mention salvinorin A either, but instead includes "the seeds thereof, any extract from any part of that plant, and every compound, ''()'' derivative, mixture, or preparation of that plant".〔Reboletti 2007 (Jan), full text - p.7.〕 Daniel Siebert has criticised this wording as being "absurdly broad in scope, for it implies that any substance extracted from Salvia divinorum (water, chlorophyll, whatever) would be treated as a Schedule I controlled substance under the proposed law."〔Erowid (Legal status).〕
The DEA has indicated on its website that it is aware of ''Salvia divinorum'' and is evaluating the plant for possible scheduling. Daniel Siebert claims he was informed on July 20, 2007, that the DEA had initiated an Eight Factor Analysis of ''Salvia divinorum''. The Controlled Substances Act requires that this analysis be performed before a substance can be scheduled as a controlled substance. The eight factors considered are:
* Actual and potential for abuse
* Pharmacology
* Other current scientific knowledge
* History and current pattern of abuse
* Scope, duration, and significance of abuse
* Public health risk
* Psychic or physiological dependence liability
* If an immediate precursor of a controlled substance
Based on the results of the analysis, the DEA may recommend that Salvia divinorum be scheduled as a controlled substance. This analysis will probably take several months to be completed. Siebert said "Given that there is no compelling evidence to suggest that Salvia divinorum presents a significant risk to public safety, I am hopeful that the DEA will be reasonable and not criminalize this beneficial plant unnecessarily. If they do decide to criminalize it, it will take a minimum of 30 days after they give public notice of their intentions in the Federal Register before the change of legal status takes effect."〔Siebert (Legal status).〕

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