HOUSE MEMORIAL 72

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Keith J. Gardner

A MEMORIAL

REQUESTING THE BOARD OF PHARMACY TO STUDY THE USE AND ABUSE OF SALVIA DIVINORUM IN NEW MEXICO AND DETERMINE IF THE SUBSTANCE HAS ANY RECOGNIZED MEDICAL USE.

     WHEREAS, the plant Salvia divinorum is a perennial herb in the mint family and is native to certain areas of the Sierra Mazateca region of Oaxaca, Mexico; and

     WHEREAS, Salvia divinorum is generally abused due to its hallucinogenic effects, which are similar to those of other scheduled hallucinogenic substances; and

     WHEREAS, it is estimated that more than one million eight hundred thousand people in the United States have used Salvia divinorum in their lifetimes, and about seven hundred fifty thousand people have used it in the past year; and

     WHEREAS, the most common users of the substance are young adults between the ages of eighteen and twenty-five years, with use by males more common than use by females; and

     WHEREAS, the federal drug enforcement administration recognizes Salvia divinorum as a drug and chemical substance of concern; and

     WHEREAS, more than thirteen states have placed regulatory controls on Salvia divinorum; and

     WHEREAS, several other states have placed Salvia divinorum into controlled substance schedule I of state law; and

     WHEREAS, the New Mexico board of pharmacy has the statutory authority under the Controlled Substances Act to add a substance by regulation to the list of controlled substances enumerated in Schedules I through IV pursuant to the procedures of the Uniform Licensing Act;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the board of pharmacy be requested to study the use and abuse of Salvia divinorum in this state and determine if the substance has any recognized medical use; and

     BE IT FURTHER RESOLVED that during the study the board of pharmacy consider adding Salvia divinorum, and any derivatives of Salvia divinorum, to the appropriate schedule of state law; and

     BE IT FURTHER RESOLVED that the board of pharmacy report its findings and recommendations to the appropriate interim legislative committee no later than October 2009; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the board of pharmacy.

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