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