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Miley Cyrus' Salvia (Or Pot?) Smoking Stirs More Controversy

By Andrew Chow, Esq. on November 28, 2011 | Last updated on March 21, 2019

For the second year in a row, teen pop star Miley Cyrus' salvia smoking habit is sparking controversy over a substance that's illegal in many states.

Cyrus celebrated her 19th birthday last week, at a bash captured on camera. Video posted online at TheDaily.com shows the former Hannah Montana star laughing at her birthday cake -- adorned with an edible image of reggae star Bob Marley -- and apparently admitting to an illegal drug habit.

"You know you're a stoner when your friends make you a Bob Marley cake," Cyrus says on the video. "You know you smoke way too much f---in' weed."

Then Cyrus' friend Kelly Osbourne chimes in, "I thought salvia was your problem Miley?"

Cyrus' publicist quickly said the whole thing was a joke. But Miley Cyrus' salvia -- or pot? -- habit is creating problems either way.

The controversy actually began last year, when video from Cyrus' 18th birthday party showed her smoking a substance called salvia divinorum from a bong.

Salvia is a plant with hallucinogenic effects that some users compare to marijuana. It's available over-the-counter in many states.

Currently there are no federal laws that address salvia, but more than 20 states have enacted laws against it, according to the National Conference of State Legislatures.

Some states make it illegal to sell or distribute salvia divinorum to minors, according to the NCSL. Those states include:

  • California
  • Maine
  • Maryland
  • Wisconsin

Other states have enacted outright bans. Those states include:

  • Delaware
  • Florida
  • Illinois
  • Kansas
  • Minnesota
  • Mississippi
  • Missouri
  • North Dakota
  • Nebraska
  • North Carolina
  • Ohio
  • Oklahoma
  • South Dakota
  • Tennessee
  • West Virginia

Cyrus' latest birthday party video was made in California. Since Cyrus is over 18, it's legal for her to possess and smoke salvia in California if she so chooses.

As for marijuana, it's still illegal under federal law -- but in California, it could be OK for Cyrus to smoke pot under state law if she has a doctor's recommendation to use the drug. It's not clear if Cyrus has a recommendation or not.

Either way, Miley Cyrus' salvia- and pot-smoking admissions are sure to affect Cyrus' formerly squeaky-clean image as a teen icon.

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