Law Blog

Why the Miley Cyrus Video Will Cause Salvia Criminalization

So it looks like Miley Cyrus is shaping up nicely to become the next Lindsay Lohan.  Right now she’s following that celebrity crazy pattern to the T.  First up are the lighter drug screw-ups and obligatory apologies.  Next is the dying career, followed immediately by becoming a tabloid star and/or going to drug rehab (not necessarily in that order).  There must be some sort of mandatory self-destruct-and-throw-away-entire-career clause that child stars have to sign or something before they’re allowed to be famous.

In any case, Miley’s subconscious foray toward a moribund career track has so far gone off without a hitch.  In case you’ve somehow been able to screen yourself off from receiving any updates about the teenage pop star (and if you have, please tell me your secret) the latest story to make the rounds concerns video surfacing of Miley smoking salvia from a bong.  The video has done wonders in carving away at her squeaky clean image ever since it made its way onto the internet last December – despite failed attempts by members in Miley’s camp to keep the video from going viral.

The video clearly depicts Cyrus taking a hit from a water bong and giggling uncontrollable.  Miley herself confirmed the substance she was smoking was salvia, but claims that she had recently turned 18 at the time of the video.  Regardless, she’s now finally apologized for her blunder and says it was “a mistake” and that she’s “disappointed in [herself] for disappointing [her] fans.”  Don’t worry Miley, from what everyone has seen when it comes to child stars, your fans will soon become used to disappointment.

However, the bigger story in all of this, to me anyway, is the backlash against salvia that followed after Cyrus’s video.  Certainly, the legal status of the “drug” has been in flux for some time now, with many states criminalizing it.  The debate of whether to ban it has been going on at both the state and federal level since 2002.  But thanks to this most recent controversy, it’s likely now that such measures will finally go through as more and more people begin to speak out against it.  It won’t be too long before salvia goes the way of marijuana and earns the coveted spot of felony level offense.  And for that I’m really quite sad.  Why?  Because all criminalization will end up doing is hurting the country more.

For readers of this blog or followers in general of illegal substance legislation, the argument I’m about to make won’t come as a surprise as it’s the same argument that has pervaded the marijuana legalization camp for years.  And that is that when any formerly legal substance is criminalized, a new illegal market for that drug is created.  The downfalls that come with this are numerous, both in terms of economics and humanity.  The taxes and income once produced by the substance for the government and legitimate retailers are shifted over to drug dealers.  Quality control is also severely hindered, resulting in greater negative health risk for consumers of the substance.  Not only that, but remember that illegal market I mentioned earlier?  Yeah, they are usually not populated with guys who like to talk out their problems.

However, instead of treading over the same ground for why Salvia should or shouldn’t be illegal, a better way to approach the problem is to address why it’s suddenly become a hot topic.  Research about its effects on health has been bandied about for years.  And it’s also no secret that salvia produces a high that is said to be akin to or even more hallucinogenic than marijuana.  And yet with all of this, it hasn’t been banned yet.  Certainly movements take time, but if the effects were as bad as the politicians and media make it out to be now, why wasn’t there a bigger uproar to criminalize it before Miley smoke it?

I know this will seem obvious, but do you think it was because Miley smoked it that caused all this criminalization rallying to begin?  That because of it, it’s become a popular topic to sway voters and get ratings.  Hey, what do you think are the chances that Miley is going to come out with a public service announcement against salvia?

Anyway, the point I’m trying to make is that criminalization and manipulation often go hand in hand.  So before you jump on the bandwagon, all I ask is that you take a moment to think why you’re really getting on that wagon.