In 2013, the Texas legislature passed a new law that changed the Texas Controlled Substances Act. As of September 1, 2013, Salvia is considered an illegal substance under the Texas Controlled Substances Act.
Salvia is a hallucinogenic herb that is popular among teenagers. The herb, which is commonly smoked, is easily accessible online and over the counter in many states to adults and children alike. Possession of Salvia is now included in Penalty Group 3 of the Texas Controlled Substances Act.
The newly adopted Section 481.104 of the Texas Controlled Substances Act states:
Penalty Group 3 consists of: Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.
Therefore, possession of an unharvested Salvia plant growing in its natural state is legal, but possession of any part or derivative of the Salvia plant is criminally punishable. Possession of Salvia, like all Penalty Group 3 substances, is punishable as follows:
- Less than 28 grams: Class A misdemeanor punishable by an optional fine of up to $4,000 and/or incarceration for up to one year
- 28 grams or more, but less than 200 grams: Third-degree felony punishable by an optional fine of up to $10,000 and/or incarceration of between two and 10 years
- 200 grams or more, but less than 400 grams: Second-degree felony punishable by an optional fine of up to $10,000 and/or incarceration of between two and 20 years
- 400 grams or more: First-degree felony punishable by an optional fine of up to $50,000 and incarceration of between five and 99 years
If you have been charged with possession of an illegal substance, a Texas defense attorney at the law firm of Joseph P. Appelt can fight to protect your rights.