Texas Senate Bill SB257

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 3/26/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/12/09
• Report Pass: 5/11/09

Caption

Relating to the sale or delivery of salvia divinorum or Salvinorin A to a child; providing a penalty.

Impact

The enactment of SB257 would amend the Texas Penal Code by adding a specific offense related to salvia divinorum, a plant known to have hallucinogenic properties. This legislation would establish clear legal repercussions for adults involved in the sale or delivery of this substance to minors, thereby enhancing protections for children against potential substance abuse. Furthermore, it mandates that businesses selling salvia divinorum ensure that they do not inadvertently provide access to this substance to underage purchasers.

Summary

SB257 is a legislative proposal aimed at prohibiting the sale or delivery of salvia divinorum to individuals under the age of 18. The bill specifically identifies offenses related to selling or delivering this substance to minors and defines a 'child' as any person younger than 18 years old. Under the provisions of the bill, anyone found guilty of such an offense would be charged with a Class C misdemeanor, thereby establishing a legal precedent to deter the availability of this psychoactive plant to underage individuals.

Contention

While the bill aims to safeguard children from potentially dangerous substances, it may raise concerns about the broader implications of regulating natural substances. Advocates for deregulation argue that such measures might infringe on personal freedoms and the rights of individuals to access and make decisions about natural plants. On the other hand, supporters of the bill argue that with the known effects of salvia divinorum, particularly its psychoactive qualities, it is critical to establish strict controls to prevent youth access and ensure public health and safety.