From the
Middletown Journal (Ohio):
If the traffic stop had happened Tuesday, April 7, a Virginia teenager would be facing a felony charge for possessing a recently-banned hallucinogen.
But Salvia divinorum didn't become a Schedule I controlled substance under Ohio law until midnight, and the Butler County Sheriff's Office retracted an announcement Monday, April 6, that a deputy had made the "first Salvia-D arrest."
Colin McDowell, 18, was a passenger in a vehicle that was pulled over by a county deputy in Hanover Twp. early Monday morning. The deputy found a bag of marijuana and another bag of green vegetation marked "
Salvia divinorum," to which the suspect admitted possessing, authorities said.
While the suspect still faces misdemeanor marijuana and drug paraphernalia charges, the fifth-degree felony charge of possessing Salvia divinorum was withdrawn after the sheriff's office realized its mistake on the enforcement date.
On Jan. 6, Gov. Ted Strickland signed the legislation that banned the drug, which became enforceable 90 days after the signing.
But there seems to be some confusion on enforcement.
Sgt. Todd Langmeyer of the county sheriff's office said they are awaiting guidance from the Ohio Attorney General's Office as to whether the ban includes growing the plant Salvia divinorum. For instance, Langmeyer said, it is illegal to grow and possess marijuana, but the two crimes are covered under different state laws.
County Prosecutor Robin Piper said residents should be advised that the drug is now illegal no matter what form it is in.