Christian Firoz leaned back and smiled slightly in Courtroom 23 on Monday after a six-member jury found him not guilty of selling a toxic inhalant, Salvia divinorum.

His exoneration in Lancaster County Court regarding a violation that carried no possibility of jail time might have an immediate impact on state policy regarding the herb.

The state senator spearheading the second legislative attempt to ban Salvia divinorum — which can cause a short-term hallucinogenic experience after it’s chewed or smoked — said Monday that Firoz’s acquittal will be a topic of conversation if LB123 is debated today as scheduled. The proposal would make it a felony to possess Salvia divinorum.

Lincoln police on March 10 seized the supply of Salvia divinorum from Exotica, 2441 N. 48th St, and ticketed Firoz, a manager there.

Though the Legislature in 2008 did not approve a proposal to ban salvia sales in Nebraska, Lincoln police cited a state statute that prohibits Nebraskans from selling “certain compounds” that will induce an intoxicated or otherwise mind-altering state.

Following less than an hour of deliberation on Monday, a six-member jury agreed with Susan Kirchmann, Firoz’s attorney, who argued that the prosecution did not prove Firoz actually sold the Salvia divinorum in question nor provide convincing evidence that it is a harmful narcotic.

“I was challenged,” Firoz said following his acquittal. “I was vindicated.”

Kelly Brey Love, the jury’s foreman, said testimony by an Exotica clerk, Travis Ott, provided the only reference point regarding the drug’s effects. Ott, said, in essence, that it didn’t work for him. (He was also cited in March for selling Salvia divinorum and is awaiting trial.)

Love said the prosecution offered “nothing else” regarding the possible effects of Salvia divinorum, a cousin of sage. Jurors passed around samples during deliberations, she said. They didn’t use any, and Love wasn’t convinced it would have an affect if she did.

“It smelled like oregano,” she said.

“There has to be some sort of research on salvia,” said another juror, Nicole Bennett.

Sen. Russ Karpisek, who introduced LB123 this year in the Judiciary Committee, said he has not come across much research regarding the herb, either.

But he said he is aware that sellers of Salvia divinorum tell those who purchase it not to use it alone.

“To me right there, that is enough to say, ‘Wow, this isn’t something we need to mess with,’” he said.

He said he has been following the progress of Firoz’s case and believed his acquittal could propel the Legislature to ban salvia sales in Nebraska.

It also could spike interest, he said.

“It may not only increase the amount of people who want to try it but also people who want to sell it,” Karpisek said.

LB123 is on today’s legislative agenda, but the bill is 12th, and last, on the schedule. It may not be debated among senators until later in the week.

Nine states have banned Salvia divinorum.

Earlier this month, Assistant Nebraska Attorney General Corey O’Brien told the Judiciary Committee that it is a fast-acting hallucinogenic drug similar to LSD. Scott Ferguson, a  Lincoln resident who said he has used salvia about a dozen times over the past five years, testified that, while it may not be appropriate for children younger than 18, adults should have access to it.

He said a law banning it was premature and unnecessary.

On Monday, Firoz thanked jurors outside the courtroom after the verdict was read and told them the store intended to abide by a statement he made in December. No matter the verdict, he said, Exotica no longer would sell Salvia divinorum.

Even though they acquitted him, several jury members said he was making the right decision.

Reach Cory Matteson at 473-7438 or cmatteson@journalstar.com. Information from The Associated Press was used in this report.