| Bismarck, North Dakota, resident Kenneth Rau, the first | | | | with intent to deliver, but that charge was reduced to |
| person arrested in the US on salvia divinorum | | | | drop the intent to deliver portion upon further research |
| possession charges, was sentenced Tuesday to a | | | | of the substance, Rau's attorney, Ben Pulkrabek, said. |
| deferred sentence. Rau had pleaded guilty the same | | | | Rau had obtained about eight ounces of salvia leaf for |
| day to Class C felony possession of salvia, as well as | | | | $32. Salvia sold commercially typically comes in |
| two misdemeanors, possession of paraphernalia and | | | | concentrated form, not raw leaf. |
| possession of marijuana. | | | | Burleigh County Prosecutor Cynthia Feland |
| Rau was arrested in April 2008 when police looking for | | | | recommended the deferred sentences, noting that |
| his son searched his home and found salvia, numerous | | | | Rau had no recent criminal history, no history of prior |
| herbs, and a bit of weed and a pipe. North Dakota | | | | drug use, and had purchased the leaf on the Internet |
| legislators had banned salvia the previous year, but | | | | before its criminal status in the state was widely |
| Rau said he was unaware of that law and obtained | | | | known. "Salvia is a relatively new drug having been |
| his salvia leaf through eBay. | | | | added to the controlled substance list," she said. |
| South Central District Judge Tom Schneider sentenced | | | | After his day in court, Rau told the Bismarck Tribune |
| Rau to a three-year deferred imposition of sentence. | | | | he was not surprised at his sentence. "It's kind of what |
| That means Rau will be on supervised probation for | | | | I expected, "he said. "I didn't think I would get any better |
| three years, but the charges will be removed if he | | | | from a jury trial." |
| successfully completes it. He must also undergo a | | | | Rau told the newspaper he did not think salvia should |
| chemical dependency evaluation and any treatment if | | | | have been criminalized without more evidence. He also |
| necessary, and pay $575 in court costs. | | | | said the plant could have medicinal uses. |
| Rau originally was charged with possession of salvia | | | | |