Police make Salvia bust despite lack of proposed law
By Cory Matteson/Lincoln Journal Star
A legislative bill that would make Salvia divinorum an illegal drug in Nebraska has little chance of passage during the last six weeks of the legislative session.
Lincoln Police on Monday made a Salvia bust anyway.
Citing a state statute that prohibits Nebraskans from selling certain compounds that will induce an intoxicated or otherwise mind-altering state, officers executed a search warrant on Exotica, 2441 N. 48th St. The Lincoln store sells the herb, a cousin of sage, generally smoked to create a short-term hallucinogenic experience.
Exotica owner Christian Firoz said four officers entered his store early Monday evening, took all his Salvia and issued him a citation for selling certain compounds.
“They said they’re going to hit everybody that’s selling Salvia and take everything,” Firoz, 35, said.
Firoz said his court date is April 16, and that he’s going to challenge the citation.
“I signed (the citation),” Firoz said. “I’ll be in court. We plan to fight it because we’ve been selling it for a while and it’s a lot of our sales.”
He also said the information that he has leads him to believe it is legal to sell Salvia.
Sen. Vickie McDonald of St. Paul sponsored the bill to ban Salvia on behalf of Attorney General Jon Bruning. The bill has no priority status, and there's little movement to add it as an amendment to another bill.
But Lincoln Police determined that a law currently on the state books outlaws the sale of Salvia.
One day after Firoz was quoted in the Journal Star about Salvia divinorum’s trance-like effects, his quotes ended up in a Lincoln Police report, Lincoln Police Capt. David Beggs said.
“It’s all psychological,” Firoz said in the article. “It puts you in a trance. It's very hard to explain.”
State statute 28-420 bans the sale of any substance which will induce an intoxicated condition when the seller “knows or has reason to know that such compound is intended for use to induce such condition.”
The “intoxicated condition,” as defined by Sec. 28-419, can include a “condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental or nervous processes.”
Beggs said an undercover officer purchased some Salvia earlier at the store Monday. Then the search warrant was executed, resulting in the seizure of 8.5 grams of the substance.
Reach Cory Matteson at 473-2655 or cmatteson@journalstar.com.

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Jerry wrote on March 10, 2008 11:04 pm:
wondering wrote on March 10, 2008 11:22 pm:
LPD...are you bored? wrote on March 10, 2008 11:55 pm:
Yes, Salvia should probably be made illegal...which is what the proposed Legislative Bill in the Nebraska Unicameral was designed to do.
Now, we have a bored police force...nothing better to do, that "busts", and subsequently issues a citation for selling a legal substance?
If there was a law currently on the books, why would our Nebraska Senators propose, and then vote on such a Bill?
What is going on? Make it a law first, then enforce it. It's not the other way around. Period.
I would say that there is a 99% chance that these "citations" are dismissed.
The people at the LPD that loosely-interpreted a "law" so that it may be applied in a specific circumstance.
I'll enjoy reading about this citation being thrown out by an appeals court, or city/county prosecutor.
*as a side note, I'd like to state that I witnessed a car-accident, called to report it...and it took 40 minutes for the LPD to arrive on the scene. "
gj wrote on March 11, 2008 12:05 am:
Lexie wrote on March 11, 2008 12:14 am:
8tsxe "
Ahh, state statute 28-420... wrote on March 11, 2008 12:29 am:
The “intoxicated condition,” as defined by Sec. 28-419, can include a “condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental or nervous processes."
Nope, alcohol can't be included in that statute. I also find it funny that we have a state statute that outlaws "giddiness."
Oh...when will the hypocrisy end?
"
Bill wrote on March 11, 2008 12:35 am:
Police State wrote on March 11, 2008 12:44 am:
Tom wrote on March 11, 2008 1:28 am:
confused wrote on March 11, 2008 1:48 am:
phil wrote on March 11, 2008 3:55 am:
RTM wrote on March 11, 2008 4:21 am:
Wondering wrote on March 11, 2008 5:16 am:
Uh... wrote on March 11, 2008 6:59 am:
"
well i guess wrote on March 11, 2008 7:06 am:
confused wrote on March 11, 2008 7:35 am:
When are the bars next wrote on March 11, 2008 7:38 am:
The “intoxicated condition,” as defined by Sec. 28-419, can include a “condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental or nervous processes.”
"
advertisement wrote on March 11, 2008 8:16 am:
Greg wrote on March 11, 2008 8:49 am:
Burt wrote on March 11, 2008 9:14 am:
As many people have stated below, it would be nice to see our police focusing on real events and issues. Not harassing local store owners who support the local economy and this in turn supports our already weakening national economy.
Saliva will kill us all!! Oh that's right it wont. Must have received the wrong memo boys in blue. "
LPD has a Point wrote on March 11, 2008 9:20 am:
If the public realizes that the war on drugs does more harm than drugs themselves, they may not support it anymore and there goes LPD's easy work. "
mb wrote on March 11, 2008 9:24 am:
The above paragraph from the article describes the effests of alcoholic beverages as well as those of Salvia -- so why is it legal to sell alcoholic beverages? The sellers well knows that it has the potential to intoxicate and to cause all the other effects described, and yet they are allowed to sell it. It probably should not be legal to sell Salvia, but neither should it be legal to sell alcoholic beverages just because they are popular even with the law makers and law enforcers. Isn't this hypocritical? "
Ryan wrote on March 11, 2008 9:31 am:
Debra wrote on March 11, 2008 9:33 am:
Realist wrote on March 11, 2008 9:34 am:
SLK wrote on March 11, 2008 10:12 am:
Sorry - was obviously high on salvia while I typed that, since I was feeling happy and hopeful. I've changed my mind - it's as dangerous as meth!!!! "
nemo wrote on March 11, 2008 10:23 am:
Dave wrote on March 11, 2008 10:45 am:
Dumbstruck wrote on March 11, 2008 10:50 am:
milkdud wrote on March 11, 2008 11:17 am:
The “intoxicated condition,” as defined by Sec. 28-419, can include a “condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental or nervous processes.”
Better arrest everyone who sells sugar, caffeine or kava kava then. These also can cause any of the above symptoms. Check out all those children drinking Mountain Dew to get high!
"
ta wrote on March 11, 2008 11:17 am:
We now have lost control of our goverment they are busting people for laws that they feel should be on the books. "
Another plant wrote on March 11, 2008 11:33 am:
Ha_Outlaw_Coffee_and_Love_Next wrote on March 11, 2008 11:56 am:
The “intoxicated condition,” as defined by Sec. 28-419, can include a “condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental or nervous processes.”
"
X-Cop wrote on March 11, 2008 12:18 pm:
It looks like the LPD has opened us taxpayers up to pay out on a big lawsuit. "
CSS wrote on March 11, 2008 12:26 pm:
Roland wrote on March 11, 2008 12:41 pm:
Priorities? wrote on March 11, 2008 12:48 pm:
But hey, if you can't catch any real criminals, harassing law abiding citizens is always fun.
Thank goodness we don’t have any problems with assaults, theft, gangs or drugs in Lincoln. Otherwise I might question the LPD's priorities.
"
Stop Donuts! wrote on March 11, 2008 12:51 pm:
I bet the LPD would raid every bakery in town the next day.
"
american wrote on March 11, 2008 1:20 pm:
Don't get caught out in your yards enjoying the sunshine folks, they'll bust ya for it and take away your joy.
Chocolate, in the right doses, will make you feel something for sure, so we'll outlaw chocolate too. Sugar all by itself can make anyone wacky.
Spinning in circles, while not a substance, will make you too giddy to drive for a while so we should throw all youngsters who so engage in juvenile detention. Ditto the same for swinging, running, jumping up and down and for certain make sure you're standing upwind when filling your gas tank cause the fumes are, well, intoxicating.
Whatever you do make sure you do it with a sober mind at all times because the cops will get you for it.
Salvia a danger? The Lincoln police need to get real on this because the 'high' doesn't last long enough for someone to even accidently pee themselves, nevermind pose a serious hazard. "
ENLIL wrote on March 11, 2008 1:42 pm:
Salvia divinorum is not generally understood to be toxic or addictive. As a κ-opioid agonist, it may have potential as an analgesic and as therapy for drug addictions.
Yup, let's not let people use this stuff. How about something prescribed. Yeah, prescription drugs sound much better. "
Rys wrote on March 11, 2008 1:48 pm:
Me and most of my friends have done Salvia and it's perfectly harmless. You are happy and hallucinate for about 5 minutes, and then you have a good laugh with your friends afterward about the stupid things you said. Oh noes!
Oh and I should also add, that all of us are still perfectly intelligent and mentally competent, we all have jobs, get good grades and don't do any other "drugs". Salvia is not physically addictive, and it's impossible to overdose on or die from. So WHY should it be illegal?! "
Jack wrote on March 11, 2008 1:57 pm:
what I've read, it would appear that energy drinks, Mountain Dew, or Espresso has a longer lasting effect than this stuff.....Anybody???? "
interesting... wrote on March 11, 2008 2:14 pm:
Here is the link to the article that came across the AP news wire....North West Florida Daily News. http://www.nwfdailynews.com/articles/HALLUCINOGENIC_PLANT....and I also noticed while searching for the story..FOX News is running the story also. "
Soylent Green wrote on March 11, 2008 2:16 pm:
Lindsay wrote on March 11, 2008 2:33 pm:
Protect YOUR Kids wrote on March 11, 2008 2:49 pm:
Police State wrote on March 11, 2008 3:02 pm:
Alcoloh is indeed excepted: Section 28-421 reads: "
The provisions of sections 28-419 to 28-424 shall not apply to the use or sale of such substances, as defined in sections 28-419 and 28-420, when such use or sale is administered or prescribed for medical or dental purposes, nor shall the provisions of sections 28-419 to 28-424 apply to the use or sale of alcoholic liquors as defined by section 53-103."
I have yet to hear any rational reason that alcohol is legal while other drugs aren't. I guess it's just a case of "cause Big Brother says so".
"
I grow it wrote on March 11, 2008 3:03 pm:
To interesting.... wrote on March 11, 2008 3:06 pm:
To interesting.... wrote on March 11, 2008 3:12 pm:
MarkyMark wrote on March 11, 2008 3:44 pm:
GMP wrote on March 11, 2008 4:19 pm:
I support LPD wrote on March 11, 2008 4:29 pm:
kevin wrote on March 11, 2008 5:03 pm:
There's a whole host of garden plants that'll give you a buzz in one form or another. Let's see the police go house to house making sure we're all in compliance. "
Denny Macomber wrote on March 11, 2008 5:20 pm:
As Atticus mentioned wrote on March 11, 2008 5:26 pm:
Hmmm wrote on March 11, 2008 5:53 pm:
The word here being POSSIBLY. Maybe he was just so happy he realized how miserable his life really was, and decided to commit suicide. I really doubt the 1-5 minutes of happiness drove him to suicide. So would you also like alcohol banned before your kids get ahold of that also? As a parent you should know what your kids are doing, if they won't tell you, find out. Your kids can smoke all the pot they want, drink all the alcohol they want, and have all the sex they want. As long as they are using Salvia. Woo, crisis avoided with this one. "
TAX-PAYER wrote on March 11, 2008 5:58 pm:
Pusherman wrote on March 11, 2008 6:00 pm:
mlc wrote on March 11, 2008 6:02 pm:
Hello . . . . . . . . . wrote on March 11, 2008 7:17 pm:
steverl wrote on March 11, 2008 7:17 pm:
Oxymorons! wrote on March 11, 2008 8:37 pm:
Not giving it out of fear of retribution wrote on March 11, 2008 9:01 pm:
History repeats itself wrote on March 11, 2008 9:05 pm:
Why are you suprised? wrote on March 11, 2008 9:07 pm:
what wrote on March 11, 2008 10:10 pm:
The Opportunist wrote on March 12, 2008 12:34 am:
Clueless in Lincoln wrote on March 12, 2008 9:28 am:
Clueless in Lincoln wrote on March 12, 2008 9:38 am:
Salvia does not kill wrote on March 12, 2008 12:11 pm:
People driving under the influence of anything is already illegal, and saying a substance should be illegal because it would impair driving is just steering the argument into a direction where you can support your position.
There is no reason for salvia (or any drug for that matter) to be illegal.
And LPD is obviously on a power trip. I am outraged. "
EMBEE wrote on March 12, 2008 12:33 pm:
unbelievable wrote on March 12, 2008 12:38 pm:
Snowflake wrote on March 12, 2008 1:33 pm:
This is ridiculous wrote on March 12, 2008 2:08 pm:
The Salvia for sale at Exotica has many warnings and suggestions on the package. It advises having someone present to make sure that you don't accidentally hurt yourself. It advises you to sit down the whole time. It tells you what to expect when it takes effect. They don't even allow you to enter Exotica unless you are 18 years old, much less buy Salvia.
This isn't just something that comes in a little baggy on the street corner or is popular with hardcore druggies. It tastes terrible, it's kind of expensive and is not a party drug at all. Most people had never even heard of it until it started getting all this press. Way to go, LPD.
Besides, every time I have done Salvia, I feel like I am connected to whatever I'm sitting on and I couldn't move if I tried. It's doubtful that I would be able to wander behind the wheel of a car or injure myself, if I can't even lift my arms. This is just blown so far out of proportion, it's unreal. Even if it IS being sold with the intent of getting high...so what? What's the crime in hallucinating for 5 minutes? how is that hurting anyone? It's just stupid. "
Awesome! wrote on March 12, 2008 2:54 pm:
Timmy P wrote on March 12, 2008 3:36 pm:
Regarding alcohol wrote on March 12, 2008 3:49 pm:
I think the law allows liquor sales because they are giving us the benfit of the doubt reagrding alcohol. They are assuming the we are drinking it only because we are thirsty and or we are enjoying it responsibly without over-indulging. Now I admit, this isn't true in many cases, but selling a subtance whose only purpose is to intoxicate someone (like salvia) would be considered illegal. That's the difference in my eyes... "
Nina wrote on March 12, 2008 5:05 pm:
To "ridiculous" wrote on March 12, 2008 5:36 pm:
Huh wrote on March 12, 2008 6:07 pm:
Billy From The Hills wrote on March 13, 2008 7:16 am:
"intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental or nervous processes"
In my opinion these are all symptoms of LIFE.
The consciousness of our minds is constantly manipulated by ourselves and the world around us. These are not proper reasons to remove a substance. Whats next? My ginko and st. johns wort? Kava root is a know intoxicant that is very bad for your liver. "
connie wrote on March 13, 2008 11:00 am:
Eric wrote on March 13, 2008 3:48 pm:
1. The law used to raid the shop can be found online. Look up Nebraska LB28-419 and 28-420. It is phrased rather ambiguously. It includes a list of banned compounds to inhale, but it also mentions "any other compound" used to achieve intoxication and defined in the bill, which would include things like marijuana, lsd, cigarettes, and alcohol. Thus, interpretation of this bill as absolutely key. The main question here is: does the bill ban intoxicating compounds (as might be suggested by the "any other compound" phrase, or does it apply specifically to the list of chemicals?)
2. The issue in this article is not, is salvia bad or good? People will never agree on that no matter how much you insult them. Just look at the debate over marijuana and the sustained conflict of opinion there. The question is, did police have a legal right to invade exotica? Regardless of whether or not you think salvia is bad, the legal issue is the one at hand.
3. Once again, I think its important that people look up that bill. Even without the salvia case, it brings up some very significant issues. "
Figures wrote on March 13, 2008 9:55 pm:
Not the most worthless - but definitely close.
Wise up, LPD, and take care of the real problems of this city - not a substance that isn't even illegal.
And don't use that state statute stuff - if you do, go arrest every single person that's ever had a drink in their life. Oh, wait - you'd have to arrest yourselves too?
TOUGH. "
thoughtful wrote on March 14, 2008 2:35 am:
Anthony wrote on April 25, 2008 8:43 pm:
Yeah... wrote on June 12, 2008 1:47 am:
I must say, it is strange that everyone keeps comparing salvia to alcohol, they are nothing alike. Salvia is an extremely powerful hallucinogen. I assumed it was no big deal because it is legal, but its affects were far more powerful than shrooms, just not as long lasting. Honestly it was a little to real. I have only tried salvia once, and I may never do it again. It's like a once every couple of years kind of thing at the most! "