Brett Chidester
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Brett's law is a name commonly given to a Delaware
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

SB259
generally prohibiting use of the
psychoactive A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior. Th ...
herb ''
Salvia divinorum ''Salvia divinorum'' (Latin: "sage of the diviners"; also called ska maría pastora, seer's sage, yerba de la pastora, magic mint or simply salvia) is a plant species with transient psychoactive properties when its leaves are consumed by che ...
''. The law was named after Brett Chidester (September 16, 1988 – January 23, 2006), a 17 year old who died by suicide by
carbon monoxide poisoning Carbon monoxide poisoning typically occurs from breathing in carbon monoxide (CO) at excessive levels. Symptoms are often described as "flu-like" and commonly include headache, dizziness, weakness, vomiting, chest pain, and confusion. Large e ...
(by lighting a charcoal grill inside a closed tent).


Case

The law was sponsored by Delaware Senator Karen Peterson, and signed into law three months after the teen's death. It classifies ''Salvia divinorum'' as a Delaware Schedule I controlled substance, analogous to Federal Schedule I, making possession, use or consumption of the drug punishable as a class B misdemeanor. Chidester's parents have argued that the herb played a major role in the teenager's death, and have advocated for "Schedule I"-like legislation beyond their home state of Delaware. In particular, Brett's mother, Kathleen Chidester, has continued campaigning across the United States. For example, three years after Brett's death in written testimony in support of Senator Richard Colburn's proposed Senate Bill 9 to the Maryland State Legislature, saying - "My hope and goal is to have salvia regulated across the U.S. It's my son's legacy and I will not end my fight until this happens." It was reported on August 3, 2007 that Chidester's parents intended to sue 'Ethnosupply'—a Canadian-based Internet company that sold ''Salvia divinorum'' to Brett some four months before his death. The parents allege that the distributors knew salvia could be dangerous and failed to warn their son. The lawsuit seeks unspecified punitive damages for their pain and suffering, lost future earnings, funeral expenses, etc. Chalmers 2007-08-03. There has not been anywhere else, either before or since this controversial incident, any other reported cases involving or alleging ''Salvia divinorum'' as a serious factor in suicide, overdose, accidental, or any other kind of death. The National Survey on Drug Use and Health, an annual US based survey sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA), for 2006 estimated that about 1.8 million persons aged 12 or older had used ''Salvia divinorum'' in their lifetime, of which approximately 750,000 had done so in that year. The following year, 2007, saw the annual figure rise from 750,000 to 1 million US users.


Criticism

San Francisco attorney Alex Coolman has commented - "It's remarkable that Chidester's parents, and ''only'' Chidester's parents, continue to be cited over and over again by the mainstream media in their coverage of the supposed "controversy" over the risks of Salvia divinorum." Tiffin University psychologist Jonathan Appel, who co-authored a 2007 paper in the ''International Journal of Mental Health and Addiction'' on the rising popularity of salvia, expressed reluctance to draw any firm conclusions about Brett Chidester's death. "I wouldn’t feel comfortable saying it caused him to commit suicide," he says. Such explanations are, "a way to try to make sense of something that's pretty senseless. We're always looking for rationalizations and reasons, particularly when there aren't any." Sullum 2009. Bryan Roth, a psychiatrist and pharmacologist at the University of North Carolina who has led the research into how salvia's active constituent salvinorin A works, says it's difficult to say what role the drug might have played in Brett Chidester's suicide. Although "it's tragic that this young guy killed himself," he says, "there's no way of knowing if salvia had anything to do with it. It would seem, given the apparent widespread use of salvia, that if these are side effects, they don't occur at very high prevalence. Otherwise, the ERs would be filled with people having bad salvia reactions." Salvia expert Daniel Siebert has said, "He must have already had some thoughts about suicide. I don't think salvia's just going to put thoughts into peoples' heads. Mentally healthy people don't decide to take such a drastic action based on n ideathey had during a drug state. Psychedelics basically amplify a lot of your own internal stuff. If you're already having some kind of dark thoughts, a psychedelic experience could amplify that, and it could lead to a problem for some people." Richard Glen Boire, a senior fellow at the Center for Cognitive Liberty and Ethics, has said that the theory that using salvia encouraged Brett to reach conclusions about the nature of life that were conducive to suicide could apply to some of the greatest pieces of art in the history of the world. "It would make
Nietzsche Friedrich Wilhelm Nietzsche (; or ; 15 October 1844 – 25 August 1900) was a German philosopher, Prose poetry, prose poet, cultural critic, Philology, philologist, and composer whose work has exerted a profound influence on contemporary philo ...
a controlled substance. There is a lot of cultural production out there that shows a way of looking at the world that isn't all sunny and rosy." General doubts have been raised about the potential of the use of ''Salvia divinorum'' alone to cause suicidal action. In fact, scientific literature seems to suggest that ''Salvia divinorum'' has significant anxiolytic and antidepressant effects in rodents.


See also

*
Teenage suicide Youth suicide is when a young person, generally categorized as someone below the legal age of majority, deliberately ends their own life. Rates of youth suicide and attempted youth suicide in Western societies and other countries are high. You ...
*
Assessment of suicide risk Suicide risk assessment is a process of estimating the likelihood for a person to attempt or die by suicide. The goal of a thorough risk assessment is to learn about the circumstances of an individual person with regard to suicide, including warn ...
*
Salvia divinorum ''Salvia divinorum'' (Latin: "sage of the diviners"; also called ska maría pastora, seer's sage, yerba de la pastora, magic mint or simply salvia) is a plant species with transient psychoactive properties when its leaves are consumed by che ...
*
Legal status of Salvia divinorum '' Salvia divinorum'', a psychoactive plant, is legal in most countries. Exceptions, countries where there is some form of control, include Australia, Belgium, Brazil, Canada, Denmark, Estonia, Finland, Germany, Iceland, Ireland, Italy, Japa ...


Notes


Citations


References

* * * * Maryland. * *figures cited by the Marin Institute
/cite> * * * * Maryland. * * {{refend


External links


Brett Chidester - Stolen Angel
- memorial blog by Kathleen Chidester, Brett's mother
CNN’s 'legal but lethal' broadcast
(asx video file) *

(Salvia story halfway down the page) *



€”with Salvia community perspectives, including: *

*
Senator Karen E. Peterson
Suicides in California Delaware statutes Drug control law in the United States Suicides by carbon monoxide poisoning 2006 suicides