Bismarck Tribune - Bismarck News - Bismarck man pleads in salvia case

Bismarck man pleads in salvia case

Aug 15, 2008 - 08:44:19 CDT

By JENNY MICHAEL
Bismarck Tribune

A Bismarck man turned himself in Thursday morning after failing to appear in court the previous day to face a charge of possession of salvia divinorum.

Kenneth Rau, 47, turned himself in at 8:16 a.m., according to Burleigh County Detention Center records.

Rau had been charged with possession of salvia divinorum with intent to deliver, a Class Afelony. However, that charge was reduced to Class Cfelony possession of salvia by prosecutors on Wednesday.

Rau also faces charges of Class Amisdemeanor possession of drug paraphernalia and Class B misdemeanor possession of marijuana. He was supposed to appear at a preliminary hearing Wednesday morning but did not show up.

He appeared Thursday morning in front of South Central District Judge Tom Schneider after turning himself in. He pleaded not guilty to all three charges and is slated to appear in court again on Sept. 22.

In an e-mail to the Tribune, Rau said he missed the Wednesday hearing because of confusion with another case. He faced a separate charge of possession of marijuana, but that charge was dismissed on Monday.

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.

Bismarck police found 8 ounces of the herb in Rau's home while assisting on a parole and probation search related to Rau's son, Scott Rau.

Burleigh County AssistantState's Attorney Cynthia Feland said in court on Wednesday that authorities researched salvia divinorum and learned that the amount Rau had was about 8 doses. They initially believed it to be enough for more than 400 doses.

Rau is believed to be the first person in the United States arrested or charged for salvia. The substance is illegal in several states but is not controlled by the federal government.

If convicted of possession of salvia, Rau could face up to five years in prison and fines of up to $5,000.

(Reach reporter Jenny Michael at 250-8225 or jenny.michael.) @bismarcktribune.com

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Comments

come on wrote on Aug 20, 2008 10:12 AM:

" ok, I think we are all on the same page here. The older I get, the more I realize that Adults should never tell other adults how to act or live their lives. That includes hangin out and smoking whatever. "

lambchop wrote on Aug 18, 2008 10:17 AM:

" About 4 years ago ago this herb/drug was making some headlines. The high it produces was compared to "making you feel like you were paint that was drying?" Yuck, I think I'll pass.... Live free folks, live free- and that does mean different things to different ppl.. "

Watching wrote on Aug 17, 2008 1:16 AM:

" To DUH; Cancer patients don't smoke weed in N.D. at least not legally. They are prescribed THC pills. Have you ever seen John doe getting a dime bag at the local pharmacy? By the way, if we ignore the little things, they will come back and bite you in the rear and all of a sudden the public cries " why won't the cops do anything". "

Jacki wrote on Aug 16, 2008 10:05 PM:

" I guess I'm not sure why he's pleading not guilty. In a previous article he said that he had purchased the stuff online. If the law says he can't have it and he admits that he has it...why not just admit he's guilty? Is his defense going to be that he didn't know it was illegal? If so, he should know that ignorance of the law is never a defense! "

Bono wrote on Aug 16, 2008 5:49 PM:

" Tommy - you said "won't he "eat you up" on this?" Just because he's a lawyer??? Laughable. You obviously think they walk on water. They don't. Only the best liars are good lawyers. What an honorable profession. "

LB wrote on Aug 16, 2008 4:12 PM:

" Interesting link here: http://www.drugs-forum.co.uk/forum/showthread.php?t=55671

From the sounds of everything, cffeine poses more of a 'drug problem' than salvia. There is a botanist in CA who wrote a letter to Richard Riha in protest to Ken's case----excellent letter in that link above! "

Tommy wrote on Aug 15, 2008 8:18 PM:

" Waste of time and breath.. no congrats from me... I'd rather see you wasting time sitting at a gas station talking to a co-worker than arrest a guy that wouldnt hurt a fly.. Isnt he a lawyer??? wont he eat you up on this??? "

Doesnt suprise me wrote on Aug 15, 2008 8:13 PM:

" It's not as though they were off by a couple of doses. It seems to me that these guys had no idea what they're doing or they do and just want to lock people up for no other reason than because it's easier than trying to do real police work.

How much longer is type of abuse going to continue.

Why are the legislature making more and more things illegal, especially something like salvia that hasn't had any crime related problems, and the people who take it, me included, thought it was cool once or twice, but didn't do much after that.

So long as this guy was not being a bother to anyone else, I don't understand why he should have even been bothered.

How I long for the return of an Adams, Jefferson, Washington, or Franklin. Those guys knew how to handle people: Leave them alone unless they are bothering someone else. "

PSYOP wrote on Aug 15, 2008 7:43 PM:

" This persecution...I mean, prosecution is laughable to everyone but the victim. The victim who was harmed by drug laws, that is. These absurdities are becoming increasingly commonplace (Cheye Calvo, Marc Emery, et al.)The very inanity of "drug warriors" is coming back to haunt them. I hope Rau goes free, and though it will add still more casualties to the KIA in our failed drug war, I hope that these prosecutorial excesses increase to the point where Americans take America back from those who would implement fascism. "

DUH wrote on Aug 15, 2008 5:58 PM:

" Is all I am saying is there are more important things to worry about then what this guy grows in his garden and does in his home, Salvia is not even illegal in most of the US. Why not help those who really need it?
I cannot belileve that "to DUH" is so offended. I am sorry, but really who cares about this guy. I don't think tax payers dollars should be wasted on this guy and his salvia. "

bigpoppakdog wrote on Aug 15, 2008 4:24 PM:

" I seem to see a lot of comments about cops wasting their time with pot dealers, pot users, dui's, mip's, mic's, speeding etc...I'm confused, what's left for law enforcement to focus on? The real big crimes like.............???? If they stopped wasting their time on those so called "petty crimes" I guarantee you there will be plenty of major crimes they will have to deal with. "

to DUH wrote on Aug 15, 2008 3:37 PM:

" Here's a real "duh" for you: arresting one person doesn't mean the cops don't worry about anything else going on at the same time. Why don't you focus your time and energy on training to become an officer so you can put your brilliant insights to good use? "

DUH wrote on Aug 15, 2008 2:24 PM:

" Why don't the city's cops worry about crimes that danger people, instead of a man growing a suspicious herb in his garden? He is not hurting anyone. Good job cops, maybe next you can take away a cancer patient's pot.

Why don't we focus all this time and energy on kids who are abused or neglected? "

Dave wrote on Aug 15, 2008 10:43 AM:

" saliva? great, my mouth is full of the stuff. "

harpua wrote on Aug 15, 2008 8:51 AM:

" great job lawmakers... keep these shamans off the streets... "

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