On September 1, 2013 over 400 hundred new law went into effect. One of those laws was the addition of Salvia to the Texas Controlled Substances Act (TSCA.) Section 481.104 adds Salvia to Penalty Group 3 of the TSCA "salvia divinorum, including any part of that plant and every compound, derivative etc. from that plant, including Salvinorin , but not including an unharvested plant growing in its natural state." What does that mean?
In short, it means that possession of less than 28 ounces is punishable as a class A misdemeanor. Possession of more than 28 grams, less than 200 grams is punishable as a third degree felony. More than 200 grams, and less than 400 grams is a second degree felony. Lastly, possession of more than 400 grams is a first degree felony.
If you or a loved one has been charged with a crime please feel free to contact the law office of G. Thayer Williamson. I am a former prosecutor, and I licensed criminal defense attorney located in Dallas Texas.