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MILEY CYRUS SMOKING SALVIA NOT A CRIME UNDER CALIFORNIA LAW ? PC 379

By Walin & Klarich

On December 10, 2010, video allegedly taken by one of Miley Cyrus? friends appears to show her inhaling smoke from a bong. Sources later disclosed that the alleged substance in the bong was not marijuana, but salvia. Salvia is a psychoactive drug like marijuana, but unlike marijuana, it is completely legal to possess or use if a person is 18 years or older. (P.C. 379.) If a person is under 18 years old and possesses or uses salvia, the person may go to jail for up to six months and/or pay a $1,000 fine. The video was allegedly taken on November 28, 2010, five days after Cyrus? 18th birthday. If the video was taken after she turned 18 and the substance was actually salvia, Cyrus committed no crime. The backlash against Cyrus has been fierce, but so far, Cyrus has yet to publicly comment on the video...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 17, 2010 (boomark / email).