Take that, Miley! State Senate approves bill to ban sale of salvia in New York

ALBANY - Miley Cyrus is on notice: State lawmakers are pushing to outlaw the hallucinogenic herb salvia in New York.

The state Senate on Monday overwhelmingly approved a bill banning the sale of salvia - which gained notoriety after "Hannah Montana" was seen toking on the herb in an online video posted last December.

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"We are trying to do something preventative," said Sen. John Flanagan (R-Suffolk), who sponsored the legislation.

Salvia can be either smoked or chewed, and its effects have been compared to LSD.

"These things turn out to be gateway drugs to things that are a lot more significant ... a lot more dangerous," Flanagan said.

The Senate approved Flanagan's bill less than two weeks after 21-year-old Ryan Santanna jumped to his death from a Roosevelt Island balcony after smoking salvia.

Santanna's father, Lauro, blamed the herb for his son's suicide.

Jared Loughner, the Arizona gunman accused of shooting Rep. Gabrielle Giffords and a slew of bystanders in Tucson earlier this year, also reportedly used salvia.

Lawmakers say Cyrus' use of the herb caught their attention - and put the psychoactive drug on their radar screen.

"I think she could have used better judgment," Flanagan said.

Cyrus was videotaped taking bong hits of the herb just a few days after her 18th birthday. "Having a little bit of a bad trip," she said in the video.

Flanagan's bill would smack anyone caught selling salvia in New York with fines as much as $500.

The measure now heads to the state Assembly, where its fate is uncertain.

Assemblyman Peter Rivera (D-Bronx) said he is pushing to have the Assembly's version of Flanagan's bill voted on before the end of the legislative session in June.

But the Democrat-controlled Assembly is also considering a separate bill that would only ban salvia's use by minors.

"I'm hopeful," Rivera said of the prospects for his and Flanagan's legislation. "I'm pushing for it."