A warrant has been issued for a man charged for possessing salvia divinorum.

Kenneth Rau, 47, did not appear in court on Wednesday morning for a scheduled preliminary hearing. South Central District Judge Bruce Romanick gave Rau's attorney, Ben Pulkrabek, until 1 p.m. to find Rau. When Rau did not materialize, the warrant was issued.

Rau previously had been charged with possession of salvia with intent to deliver, a Class Afelony, possession of drug paraphernalia, a Class Amisdemeanor, and possession of marijuana, a Class B misdemeanor. He is believed to be the first person in the United States charged for salvia, an herb native to Mexico that has psychoactive properties.

In court on Wednesday, Burleigh County Assistant State's Attorney Cynthia Feland moved to amend the charge against Rau to possession of salvia, a Class C felony. Feland said further research into salvia divinorum showed that the amount of the substance Rau is accused of possessing would be enough for about eight uses.

Prosecutors previously said the 8 ounces found in Rau's home in April was enough for more than 400 doses.

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

- Jenny Michael