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Middlebury files reply to lawsuit over salvia



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By Gordon Dritschilo Staff Writer - Published: October 25, 2009

MIDDLEBURY — The town claims its Select Board had full authority to ban a reputed hallucinogen in 2007.

A former Middlebury tobacconist sued the town earlier this year with the help of the American Civil Liberties Union of Vermont, saying only the state has the authority to outlaw substances and that the town overstepped its authority by banning sale of the herb salvia divinorum.

The town, in an eight-page reply filed in Addison County Superior Court, rejects the basis of the lawsuit, arguing that when a select board acts as a board of health, it is acting as an agency of the state and not of the municipality.

"It is clear from a simple reading of Title 18 that the State of Vermont protects the health and welfare of its residents," the filing reads. "The local board of health is simply the State's chosen vehicle to administer these retained duties at the local level and it never relinquishes the ultimate authority to alter, amend or overrule the determinations of activities of the local boards."

The response also argued that the complaint failed to show the town discriminated against the shop owner and that the town board's status as a state agency in this context made it immune to lawsuits under federal law.

ACLU of Vermont executive director Allen Gilbert said briefs from both sides were in front of a judge.

James Stone, owner of the Emporium Tobacco & Gift Shop, said in the lawsuit that he was vilified in the community and forced to close his Middlebury store. He currently has a location in Rutland.

The herb in question, a relative of sage, came to the town's attention following reports that young people were getting high off it. The town's public health officer issued an emergency order banning its sale which Stone appealed and the Select Board upheld.

Stone continues to sell salvia in Rutland — to people over 18 — where local police said they were not aware of any problems caused by people using it to get high. There were no reports of anyone getting sick from salvia during the initial controversy.

gordon.dritschilo@rutlandherald.com








READER COMMENTS


It's easier for people with minds that arent open to shun instead of spend their own time gaining personal experience. So when they view someone else's opinion of Salvia they follow--like sheep. I feel that most people hardly learn the health benefits of Salvia before they decide that it is going to harm people by opening their minds eye.
Why is it such a bad thing to actually think for ourselves in the country that is supposed to represent freedom. Where we are all immigrants that moved here to do what we wanted, why do they keep taking our freedoms away? I urge you to read more about Salvia Divinorum before you believe what everyone is saying, or even take the next step to try it for yourself. Please read more: http://www.freshsalvia.com/blog
-- Posted by Sally Dee on Tue, Oct 27, 2009, 12:33 pm EST

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Bottom line; people fear what they don't know or understand and, some fear what might make it so they don't have control over it and that they may not make the most money from it. Salvia doesn't last long and for some, it isn't even pleasant; making it so they wouldn't do it again. I wish some of these people would do their own experiments so they could make a knowledgeable decision on some of these subjects instead of just going along with everyone else. I bet more than half of the people opposed to salvia and/or marijuana are self proclaimed health fiends who excercise at the gym and take all kinds of natural capsules or worse yet, man made synthetic crap that is supposed to help them with their health. They could be realistically helping their health by excercising and eating what is good for them and, a good puff once in while is ooh soooo naturally relaxing.
-- Posted by White Witch on Sun, Oct 25, 2009, 12:42 pm EST

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Are you kidding if you announced that you could get high by drinking a tea made out of dirty sweat sox the kids at the HS would be cleaning out their gym lockers and holding tea parties.
-- Posted by northstar62 on Sun, Oct 25, 2009, 12:36 pm EST

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Amen Ryan, if they found out tommorow that grinding up acorns & smoking them would give you a buzz then what?? Ban Oak trees?? Bottom line if it comes from the earth what's the big deal??
-- Posted by No Way on Sun, Oct 25, 2009, 12:20 pm EST

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Are you kidding me, Salvia Divinorum is a purple flowering plant anyone can grow in a garden outside. Even the strongest extracts produce a euphoria that lasts MAYBE 5 minutes - usually much less.

I don't think anything that is growing NATURALLY around the community should be banned, ever.
-- Posted by Ryan Ackerman on Sun, Oct 25, 2009, 9:29 am EST

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