I was surprised to read this morning that
LPD has all but cleaned up The Core, so now they have time to focus on selectively enforcing a ludicrously broad statute designed to keep folks from getting giddy. The focus of LPD's attention is the demon weed
Salvia divinorum, or salvia, an herb from the sage family that induces psychedelic effects for a few minutes. So far salvia has not been linked with criminal activity or serious health effects, though it is possible to experience an unpleasant high ("dysphoria").
I can't help but mock Chief Tom Casady's desire to go after distributors of salvia, for two reasons. First, with no connection to criminal activity and no impending health crisis, salvia is all but harmless compared to all of the other things LPD could -- and should -- be working on. LPD effectively had to go to the trouble of creating a crime where none exists. Doing so requires a substantial investment of officer time and resources. And the investment isn't over; now that tickets have been issued, LPD's officers will have to deal with the court process as well.
Second, let's take a look at
state statute:
28-419. Inhaling or drinking certain intoxicating substances; unlawful. No person shall breathe, inhale, or drink any compound, liquid, or chemical containing [long list of substances], or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental, or nervous processes. For the purposes of sections 28-419 to 28-424, any such condition so induced shall be deemed an intoxicated condition.
28-420. Selling and offering for sale certain compounds; use; knowledge of seller; unlawful. No person shall knowingly sell or offer for sale, deliver or give to any person any compound, liquid or chemical or any other substance which will induce an intoxicated condition as defined in section 28-419, when the seller, offerer or deliverer knows or has reason to know that such compound is intended for use to induce such condition.
Statute 28-419 is so ridiculously broad I have a difficult time understanding how it could hold up in court. Take a look at the definition of illegal substances. Alcohol is illegal. Tobacco is illegal. Caffeine is illegal. Many or most medications (OTC and prescription) are illegal. If LPD wants to use 28-420 as their justification for pulling salvia from Lincoln's shelves, they must also explain why our bars, grocery stores, gas stations, pop machines, and pharmacies are all still in business.
Perhaps Chief Casady and crew have a good reason for going after salvia. Maybe they have access to medical studies that show its irreversible addictiveness, or maybe they have sociological studies describing the terror we will face from the impending wave of salvia-induced visions. If they have a justification --
any justification -- for their actions I would love to hear it. Or better yet, rather than inventing crimes and wasting time trying to come up with a justification for their misuse of resources, perhaps LPD will instead reassign its officers to deal with real problems. I hear
The Core needs some help.