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Fla. Lawmakers Consider Outlawing Drug Called "New Marijuana"

Tuesday, March 11, 2008 – updated: 11:38 am EDT March 11, 2008

State lawmakers are considering a ban on what is being called the new marijuana. Salvia divinorum is a hallucinogenic herb that's inexpensive and easy to obtain.

Florida state Representative Mary Brandenburg has introduced a bill to make possession of salvia a felony punishable by up to five years in prison and state Senator Evelyn Lynn, whose committee plans to study the salvia bill Tuesday, says the drug should be criminalized.

Native to Mexico and still grown there, salvia divinorum is generally smoked but can also be chewed or made into a tea and drunk.

Salvia is a natural herb that is showing up on local school campuses. It's smoked through a bong and the effects kick in right away. In 2006, University of Central Florida student Joel Birsch said he tried it because it's legal.

The video of his 10-minute high is disturbing to watch. He wrestled a friend to the ground. Then, Birch threw himself down a staircase. He dislocated his shoulder. He watched the video and admitted he even hallucinated.

"I thought I was a Ninja Turtle," he said. "I though I was (rap artist) 50-Cent."

Salvia is a hallucinogen that gives users an out-of-body sense of traveling through time and space or merging with inanimate objects. Unlike hallucinogens like LSD or PCP, however, salvia's effects last for a shorter time, generally up to an hour.

Commander Gil McDaniel with the narcotics unit at the Orange County Sheriff's Office said this herb should not be legal.

"If you think you're a Ninja Turtle and you throw yourself down the steps, that should be your first clue something's wrong," said Commander McDaniel.

Ten countries including Australia, Belgium, Denmark, Finland, Israel, Italy, Norway, Poland, South Korea and Sweden have criminalized Salvia.

In the U.S., Salvia is illegal in Louisiana, Missouri, Tennessee, Delaware, and Oklahoma. Legislation is being considered in New York, Illinois, Alaska and California. But in Florida, there is no law.

"I'm not worried about it 'cause I didn't do anything illegal or anything," said Birch. But McDaniel counters by saying, "What's amazing is the stupidity of people who say, 'It's legal so it's okay.'"

The sheriff's office would like to see legislation passed in Florida to make Salvia illegal.

And Birch said, after watching the video of his high, "I probably wouldn't do that again."

No known deaths have been attributed to salvia's use, but it was listed as a factor in one Delaware teen's suicide two years ago.

In Florida, you have to be 18 years old to legally buy the herb.

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