Salvia legality debated after local merchant charged

If you want to be confused for a few minutes, you can smoke salvia. Your vision might tremble, your thoughts might jumble and you might be useless for a short time.


If you want to be confused for more than a few minutes, you can research the laws surrounding the legality of this psychotropic plant.

In most of the United States – including Nebraska – salvia divinorum is legal. The plant is native to southern Mexico and has been used for centuries to cause hallucinations and to alter a person's state of mind.


Despite its legality, Christian Firoz, owner of Exotica on 2441 N. 48th St., was charged for selling the herb last March.


Katie Flood, a communication officer for the Lincoln Police Department, said an undercover officer entered Exotica on March 10 last year and purchased a half gram of salvia for $40. After the purchase, the LPD obtained a search warrant and found another 8 ½ grams of salvia in the store.

Firoz was charged with violating state statute 28-420. According to the statute, it is illegal to sell any substance when the intended use of the substance is to intoxicate a person. The only exception to this statute is the sale of alcohol.


"The question up for debate is how the statute is enforced," Flood said.

She said the LPD's understanding of this statute is that "selling items that put you in a trance" is illegal, no matter what.

That wasn't the information Firoz received when he contacted law enforcement officials while researching the legality of selling the plant prior to being arrested, however.

Before Exotica started selling salvia, Firoz had a store manager, Heather Sanchez, send e-mails to Omaha Deputy Police Chief John Ewing – who is now the Douglas County treasurer – asking about selling the substance.

"I would like to know if there is anything that says this is indeed illegal and that smoking this will be illegal," Sanchez wrote in her e-mail to the law enforcement officials.

The police e-mailed back and said that, although they believed the plant to be dangerous, selling it was not illegal.

Firoz's fate will not be decided until Jan. 20, when he goes to trial for violating the statute, but one of the first bills introduced by the new Nebraska Unicameral is one that will clear up some of the haze surrounding the plant.

Last Friday, Sen. Russ Karpisek of Wilber introduced a bill, LB123, that will put salvia in the same group as other psychedelic drugs like marijuana, certain mushrooms and LSD.

"It's pretty obvious it's a hallucinogenic," Karpisek said. "This puts it with all the other ones."

Last year, an identical bill was introduced which was going to be added to another bill Karpisek sponsored that would have criminalized marijuana in the state. Nebraska is one of several states where being caught with marijuana is a citation and not a misdemeanor. Karpisek's bill would have changed this, but the Unicameral did not vote on it.


Karpisek was able to double the fines a person will receive when caught with marijuana and said he will not introduce another bill that would change Nebraska's policy surrounding the drug.


Karpisek said he is expecting some, but not a lot of debate when LB123 hits the floor.


"Really, I don't know why it hasn't come up sooner," Karpisek said. "Right now, kids can go and get it."

Ironically, Karpisek and other senators who support LB123 won't take any flack from the only man who was ticketed for salvia. Firoz actually plans on testifying in support of making salvia illegal.

"As a business owner I was blinded by confusion," Firoz said. "It is in the best interest of Nebraska to make salvia illegal and clear up the confusion."

additional reporting by Evan Cotten

ryanboetel@dailynebraskan.com