An Act To Ban Salvia Divinorum
Maine Legislature, Session 123, LD 0066
Committee Amendment CA_A_H117 (House)

COMMITTEE AMENDMENT" A " to H.P. 64, L.D. 66, Bill, "An Act To Ban 
Salvia Divinorum" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit the Transfer of Salvia Divinorum to Minors and To 
Prohibit Possession of Salvia Divinorum by Minors' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17 MRSA c. 70 is enacted to read: 
CHAPTER 70 
SALVIA DIVINORUM 
§2011. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Minor. "Minor" means a person who has not attained 18 years of age. 
2. Person. "Person" means an individual, corporation, partnership or unincorporated 
association. 
3. Salvia divinorum. "Salvia divinorum" means the herb Salvia divinorum and 
includes Salvinorin A and Divinorin A. 
4. Transfer. "Transfer" means to sell, furnish, give, lend, deliver or otherwise 
provide with or without consideration. 
§2012. Unlawful transfer of Salvia divinorum to a minor 
1. Violation. A person may not transfer Salvia divinorum to a minor. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 64, L.D. 66 
2. Penalty. A person who violates this section commits a civil violation for which a 
fine of not less than $50 and not more than $1,500, plus court costs, must be adjudged for 
anyone offense. The fine may not be suspended. 
3. Affirmative defense. It is an affirmative defense to prosecution for a violation of 
subsection 1 that the person transferred Salvia divinorum to a minor in reasonable 
reliance upon a fraudulent proof of age presented by the minor. 
§2013. Unlawful possession or use of Salvia divinorum by a minor 
1. Violation. A minor may not: 
A. Purchase, possess or use Salvia divinorum; 
B. Violate paragraph A after having previously violated this subsection; or 
C. Violate paragraph A after having previously violated this subsection 2 or more 
times. 
2. Penalty. A minor who violates subsection 1 commits a civil violation for which 
the following penalties apply. 
A. For a violation of subsection 1, paragraph A, a fine of not less than $100 and not 
more than $300 may be imposed. The judge, as an alternative to or in addition to the 
fine permitted by this paragraph, may assign the minor to perform specified work for 
the benefit of the State, a municipality or other public entity or a charitable 
institution. 
B. For a violation of subsection 1, paragraph B, a fine of not less than $200 and not 
more than $500 may be imposed. The judge, as an alternative to or in addition to the 
fine permitted by this paragraph, may assign the minor to perform specified work for 
the benefit of the State, a municipality or other public entity or a charitable 
institution. 
C. For a violation of subsection 1, paragraph C, a fine of $500 must be imposed and 
that fine may not be suspended. The judge, in addition to the fine required by this 
paragraph, may assign the minor to perform specified work for the benefit of the 
State, a municipality or other public entity or a charitable institution. 
§2014. Use of false identification by minors prohibited 
1. Use of false identification by minors prohibited. A minor may not: 
A. Offer false identification in an attempt to purchase Salvia divinorum; 
B. Violate paragraph A after having previously violated this subsection; or 
C. Violate paragraph A after having previously violated this subsection 2 or more 
times. 
2. Penalty. A minor who violates subsection 1 commits a civil violation for which 
the following penalties apply. 
A. For a violation of subsection 1, paragraph A, a fine of not less than $100 and not 
more than $300 may be imposed. The judge, as an alternative to or in addition to the 
fine permitted by this paragraph, may assign the minor to perform specified work for 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " 
to H.P. 64, L.D. 66 
the benefit of the State, a municipality or other public entity or a charitable 
institution. 
B. For a violation of subsection 1, paragraph B, a fine of not less than $200 and not 
more than $500 may be imposed. The judge, as an alternative to or in addition to the 
fine permitted by this paragraph, may assign the minor to perform specified work for 
the benefit of the State, a municipality or other public entity or a charitable 
institution. 
C. For a violation of subsection 1, paragraph C, a fine of $500 must be imposed and 
that fine may not be suspended. The judge, in addition to the fine required by this 
paragraph, may assign the minor to perform specified work for the benefit of the 
State, a municipality or other public entity or a charitable institution.' 
SUMMARY 
This amendment replaces the bill and is the majority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. The amendment prohibits the transfer 
of Salvia divinorum to or the possession of the same by persons who are under 18 years 
of age. The penalties for the prohibited conduct described in the amendment are modeled 
on the penalties in the Maine Revised Statutes, Title 22, chapter 262-A, subchapter 2, 
which deals with the prohibition of sales of tobacco to and possession of tobacco by 
mmors. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/07 frae 
LD66 
LR 586(02) 
An Act To Ban Salvia Divinorum 
Fiscal Note for Bill as Amended by Committee Amendment" /)" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0586(02) - Fiscal Note - Page I of I