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Is salvia legal in New Jersey?

Asbury Park, NJ |

I was recently arrested and charged with marijuana possession and drug paraphernalia, but I didn't have any marijuana on me and don't smoke it. I had a plant called salvia in my possession, but they charged me with marijuana possession after inspecting the car. They said they're gonna send it to a lab to get tested, and the results should be back in time for my court date. I'm wondering what should I expect and what should I do.

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Attorney answers 3

Posted

That is a new one on me. Sorry. If it is a controled substance you may have a problem. But if they test for THC and it is not you should be OK. If it is CDS you have aproblem. Sorry I can't be of more help. I will try to look it up and comment. I am sure one of my colleagues knows.

Asker

Posted

That's ok, thanks for your help. I also found what the DEA has to say about it at: http://www.justice.gov/dea/concern/salvia_divinorum.html Under the topic Legislation, it states that "Legislative bills proposing regulatory controls are pending in Michigan, New Jersey, New York, Ohio, Pennsylvania, Texas and Wisconsin."

Posted

Did a quick google. It has a psychedelic drug/component. You would need to carefully read all of the potential drug statutes to have an answer. [Unless it is mentioned specifically]. Hire or at least consut with a NJ attorney.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Asker

Posted

Ok, thank you. I read on the DEA website that "Legislative bills proposing regulatory controls are pending in Michigan, New Jersey, New York, Ohio, Pennsylvania, Texas and Wisconsin." The link is: http://www.justice.gov/dea/concern/salvia_divinorum.html

Posted

Mr. Cheser is correct. There's not much information on salvia in NJ but I have heard talk of this. Retain counsel to be sure.

Asker

Posted

Ok, thank you.

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