Miley Cyrus smoking salvia from a bong video, is she breaking any laws?

According to experts, Miley Cyrus will not face any legal risks as result of the video showing her allegedly smoking salvia from a bong.

“[The video] might be embarrassing to her, but it does not put her in any legal risk,” said Keith Stroup, legal counsel at the marijuana advocacy group NORML.

“At the moment, [salvia] is not illegal in California, so even if she walked out on the street and smoked it in front of police, she couldn’t be arrested. And the video of her smoking isn’t enough to get her in trouble, because there’s no proof she wasn’t smoking tobacco.”

While salvia is “a drug of concern”, said Michael Sanders, spokesperson for the Drug Enforcement Agency, “it is not a schedule-one narcotic” as of the moment.

By dint of the Controlled Substance Act, U.S. drug policy classifies narcotics into “schedules” which are determined by the DEA and the Food and Drug Administration.

Salvia, an herb that provides a powerful psychoactive punch when smoked, is currently not listed in the DEA, although several states have considered it illegal. In California, where the Cyrus video was allegedly shot, providing salvia to minors is illegal; however, possession of the herb is not.

And since the clip was also said to be done five days after her 18th birthday, the former Disney darling turned daring pop star is not breaking any laws.

However this may change soon, said Stroup.

“Until recently, [salvia] was perfectly legal, frankly because no one paid attention to it. It’s only after a little attention was paid to it in the media that states begin passing legislation about it,” he said.

“Drug policy in this country is, by a large part, based on a social response or a political response, but the bottom line is, they don’t want people getting high.”