On December 10, 2010, video allegedly taken by one of Miley Cyrus’ friends appears to show her inhaling smoke from a bong. Sources later disclosed that the alleged substance in the bong was not marijuana, but salvia.

Salvia is a psychoactive drug like marijuana, but unlike marijuana, it is completely legal to possess or use if a person is 18 years or older. (P.C. 379.) If a person is under 18 years old and possesses or uses salvia, the person may go to jail for up to six months and/or pay a $1,000 fine.

The video was allegedly taken on November 28, 2010, five days after Cyrus’ 18th birthday. If the video was taken after she turned 18 and the substance was actually salvia, Cyrus committed no crime.

The backlash against Cyrus has been fierce, but so far, Cyrus has yet to publicly comment on the video. She is currently shooting a movie and was the star of the Disney series Hannah Montana.

If you have been accused of possessing an illicit substance, but you are over 18 and the substance was salvia, then you are not guilty of a crime. Contact a Southern California criminal defense attorney immediately to help you fight this false drug charge.

Do not, under any circumstances, agree to speak to law enforcement or consent to a search of your person or vehicle. If law enforcement arrests you or otherwise searches you or your property without your permission, do not physically resist, but clearly and unequivocally express your objection to the search. This may help your defense if the search yields other incriminating evidence.

If you are accused of a drug crime, you will need an experienced Southern California drug crime attorney to help you with your case. At Wallin & Klarich, we have helped people accused of drug crimes for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.