A North Dakota man with an interest in herbalism and spirituality faces years in prison for $32 worth of salvia leaves he bought on eBay.In what is likely the first arrest for possession of salvia divinorum anywhere in the nation -- and definitely a first in North Dakota -- a Bismarck man now faces years in prison after he bought a few ounces of leaves on eBay. Kenneth Rau, a bottling plant worker with an interest in herbalism, altered states, and religion and spirituality, was arrested by Bismarck police on April 9 when they searched his home looking for his adult son, who was on probation for drug charges.
Police found a marijuana pipe, eight ounces of salvia leaf, a quantity of amanita muscaria mushrooms, and a number of other herbal products. Rau now faces multiple charges, said Burleigh County States Attorney Cynthia Feland.
"He is being charged with possession of salvia with intent to deliver, as well as possession of psilocybin with intent, and possession of marijuana," she said. Although Rau told the Chronicle he thought he would be charged with a school zone violation as well, which would have made his intent offenses Class A felonies punishable by up to 20 years in prison, that is not the case, said Feland. "He is not being charged with a school zone violation," she affirmed.
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After Rau was arrested earlier this month, Bismarck police warned that it could be only the beginning in the fight against the member of the mint family. "It sure looks like there could be a market, based on the amount he had", Lt. Bob Hass told reporters. "This is the first we've seen of it." Hass did not return Chronicle calls for comment this week.
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