Salvia: Four Simple Questions For Lawmakers

State legislatures continue to follow in the footsteps of states like Illinois and Delaware, which have criminalized the possession of the drug salvia divinorum. If you're in a state where such a law is being considered -- like Ohio, Massachusetts, Rhode Island, or even California, where I'm from -- here are four simple questions that you should ask lawmakers.

1. What harm does salvia cause?
Legislators assume that salvia is a health threat to users, or to society in general. Is there any evidence to support that assumption? Have there been any studies suggesting that salvia is harmful? Is there any reason to believe that salvia is more dangerous than other legal drugs, such as alcohol and tobacco?

2. What will it cost to criminalize salvia?
If salvia is criminalized, what will the cost be for your state? How much will it cost to arrest, prosecute and incarcerate the people who use salvia? How many families will be broken up by criminal prosecutions around salvia? How many students will lose their federal financial aid as a result of drug convictions for salvia? Are these costs significant, and are they costs your state wants to pay?

3 . Will criminalizing salvia prevent harm, or will it increase harm?
Criminal laws against drugs like marijuana and cocaine do not prevent people from using marijuana and cocaine. Will a law against salvia be more effective, or will it simply encourage a large black market in the drug and the totally unregulated use of the drug, comparable to the situation with other illegal drugs?

4. What are the alternatives?
Criminal law is not the only way to respond to drug use. Isn't it possible that salvia could be subject to civil regulation in a manner that would accomplish the goals of legislators? Could education around making healthy choices or accurate labeling practices for salvia products protect people as effectively as using jails and prisons? Before we assume that it is necessary to arrest people and incarcerate them for using a drug, shouldn't we consider such alternatives?

The point of asking these questions isn't to deny that salvia could be risky. Nor is it to claim that people should be allowed to do whatever they want no matter the impact on society.  The point is simply to encourage policies that are based on good evidence, policies that keep people as safe as possible without creating a great deal of collateral damage.

If your legislators are trying to write laws about salvia without even bothering to ask themselves these four simple questions, it's time for you to speak up. We will only get reasonable laws around drugs when we begin to demand that our legislators act reasonably.