Salvia prosecution nets deferred sentence

Bismarck, North Dakota, resident Kenneth Rau, the first person arrested in the US on salvia divinorum possession charges, was sentenced Tuesday to a deferred sentence. Rau had pleaded guilty the same day to Class C felony possession of salvia, as well as two misdemeanors, possession of paraphernalia and possession of marijuana.

Rau was arrested in April 2008 when police looking for his son searched his home and found salvia, numerous herbs, and a bit of weed and a pipe. North Dakota legislators had banned salvia the previous year, but Rau said he was unaware of that law and obtained his salvia leaf through eBay.

South Central District Judge Tom Schneider sentenced Rau to a three-year deferred imposition of sentence. That means Rau will be on supervised probation for three years, but the charges will be removed if he successfully completes it. He must also undergo a chemical dependency evaluation and any treatment if necessary, and pay $575 in court costs.

Rau was facing a potential of five years in prison.