Bismarck man faces charges over salvia possession
Apr 09, 2008 - 04:05:08 CDT
By JENNY MICHAEL
A Bismarck man has been charged with possession of a controlled substance with intent to deliver after police allegedly found 8 ounces of salvia in his home.
Kenneth Rau, 46, was charged Tuesday with the Class Afelony, along with Class Afelony possession of psilocybin with intent to deliver, Class Amisdemeanor possession of drug paraphernalia and Class B misdemeanor possession of marijuana.
South Central District Judge Tom Schneider set bond for Rau at $2,500 cash.
Salvia divinorum and its active ingredient, salvinorin A, were declared a schedule one narcotic by the 2007 North Dakota Legislature. Salvia divinorum, a perennial herb, is native to Mexico and related to other varieties of salvia, which are common garden plants. While salvia divinorum has hallucinogenic effects when chewed or smoked, other varieties of salvia are not known to have such effects.
Burleigh County Assistant State's Attorney Lloyd Suhr said he had not previously seen a case of someone charged for possessing the substance since it was outlawed Aug. 1, 2007, but he could not immediately confirm that it was the first such case in Burleigh County. Suhr had to pronounce salvia for Schneider and tell him what it is, as the judge apparently had not heard of the substance.
North Dakota is one of several states to have made salvia divinorum illegal, though neither it nor salvinorin A are controlled under the federal Controlled Substances Act.
Bismarck Police Sgt. Dwight Offerman said police went to Rau's northeast Bismarck home at 3 p.m. Monday to assist parole and probation officers in serving a warrant on Kenneth Rau's son, Scott Rau.
Scott Rau appeared in court on Tuesday on a petition for revocation of probation on convictions for possession of marijuana with intent to deliver, two counts of possession of oxycontin. He also faces new charges of preventing arrest, possession of drug paraphernalia and possession of marijuana. Schneider set bond for him at $10,000.
As part of the arrest of Scott Rau, officers searched the home, where both Kenneth and Scott Rau live, Offerman said.He said officers found several bags of salvia, totalling 8 ounces, and drug paraphernalia.
Suhr told Schneider 8 ounces constitutes about 480 doses of salvia, though Kenneth Rau said the amount he had would not be that many doses because it was dry leaves not extract. Schneider cut him off from speaking further, reminding him of his right to remain silent.
(Reach reporter Jenny Michael at 250-8225 or [email protected].)
I find it amusing that the judge had never heard of it.