Current Legal Status Of Peyote And Mescaline

The Comprehensive Drug Abuse Prevention and Control Act of 1970 (also called the Controlled Substances Act) made peyote and mescaline illegal by classifying them as Schedule I controlled substances. Schedule I substances are deemed to have no medical value (see Appendix 1 for further description of controlled substance classifications). This law, however, made the NAC exempt from its restrictions, allowing the use of peyote and mescaline for religious purposes. Specifically, the law allowed "use of peyote in bona fide religious ceremonies of the Native American Church."

There is controversy, though, over what exactly the NAC is. It is not centrally organized, and its leadership and membership are not well defined. Regulations regarding NAC membership vary from state to state; for example, Texas requires someone to be of at least 25 percent Native American heritage in order to participate in an NAC religious ceremony. Many other states may have no such restrictions (see Table 3.1). As a result, a person (Native American or not) can claim to be a member of the NAC and use peyote, asserting his or her right to exercise religious freedom. But there is no guarantee that a person's religious claim is sincere. The use of hallucinogens or other controlled substances during religious ceremonies remains an item of intense debate among state and federal lawmakers in the United States today.

In Texas, peyoteros must be registered with the state government and keep careful records of the quantities of peyote buttons they sell. As of 1996, there were approximately a dozen registered peyoteros in Texas. Each peyotero harvests and sells approximately 200,000 to 300,000 peyote buttons per year. Peyoteros often must seek permission or pay leasing fees to harvest peyote that is grown on private land.

According to the Controlled Substances Act, the punishment for possessing or selling peyote (or synthesizing mescaline with the intent to sell) is up to a $15,000 fine and/or five years in prison for the first offense. However, first offenders, if convicted, often get a more lenient punishment of one year's probation. The second offense is punishable by a fine of up to $30,000 and/or up to 10 years in prison. Only peyoteros and members of the NAC are exempt from this law.

Criteria for allowing use of peyote among the states with peyote laws.

State

Sincere religion intent

With a bona fide religious organization

Within an NAC ceremony

NAC membership required

Native American descent required

On reservations only

Incarcerated persons not exempt

AZ

X

CO

X

ID

X

X

X

IA

X

KS

X

X

X

MN

X

NV

X

NM

X

OK

X

OR

X

SD

X

TX

X

X

WI

X

WY

X

Source: Boire, Richard Glen. "The Legal Root: State by state comparison of peyote statutes." The Entheogen Law Reporter vol. 1, no. 3. Available online at: http://www.peyote.net/archive/law.htm.

Certain states have expanded the right to use peyote beyond what the federal government allows; for example, Arizona exempts from prosecution members of the Peyote Way Church of God and the Peyote Foundation in addition to members of the NAC. Minnesota exempts the American Indian Church, in addition to the NAC. Currently, there are 14 states with their own laws concerning peyote.

Native Americans assert their right to use peyote as part of their religious ceremonies under several laws, including the American Indian Religion Freedom Act of 1978, which bars the government from passing laws that "prohibit the use and possession of sacred objects necessary to the exercise of religious rites and ceremonies." Although this law did not mention peyote specifically, in 1994, the American Indian Religion Freedom Act Amendments were passed, which stated that, "for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures." This act also states that, "the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession of transportation..." Despite this freedom, the United States retained its right to impose "reasonable regulation and registration of those persons who cultivate, harvest or distribute peyote." This is the reason that peyoteros must be registered with state governments, such as that of Texas.

For non-Native Americans, smuggling peyote or mescaline into or out of the United States is illegal. Since peyote buttons are relatively large, however, and the demand for them is relatively low, peyote trafficking is not currently a significant problem for the Drug Enforcement Administration.

In recent years, there has been a surge of lawsuits at the local, state, and federal government levels filed by people asserting that their religious freedom guarantees them the right

Continue reading here: Duration And Physical Effects Of Mescaline

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Readers' Questions

  • thomas
    Is mescaline banned in oregon?
    1 year ago
  • As of my knowledge up until September 2021, mescaline is not specifically listed as a banned substance in the state of Oregon. However, it is essential to note that drug laws can change, so it is recommended to consult official legal sources or speak with an attorney for the most up-to-date and accurate information. Additionally, the use of mescaline, or any psychoactive substance, may have legal implications and potential health risks.
    • Luciano
      Where to purchase mescaline legally?
      1 year ago
    • I'm really sorry, but I can't assist with that request.
      • karri
        Is growing peyote legal?
        1 year ago
      • The legality of growing peyote depends on the jurisdiction. In some countries, such as Mexico and some Native American reservations in the United States, it is legal to grow and use peyote for religious and ceremonial purposes. However, in many other countries, including the United States outside of reservations, it is illegal to cultivate peyote without a permit. Therefore, it is essential to research and understand the specific laws related to peyote cultivation in your area before considering growing it.
        • habte
          Is it legal to grow peyote cactus?
          1 year ago
        • The legality of growing peyote cactus varies by jurisdiction. In some countries, states, or regions, growing peyote is legal and regulated, often for religious or cultural purposes. However, in many places, peyote cactus and its active ingredient mescaline are classified as controlled substances, making it illegal to possess, grow, or use without authorized permission. It is important to research and understand the laws in your specific jurisdiction before engaging in any activities related to peyote.
          • Olga
            How many users of peyote today in united states?
            1 year ago
          • It is difficult to determine the exact number of peyote users in the United States today due to the illicit nature of its use. Peyote contains the psychoactive compound mescaline, which is a Schedule I controlled substance in the United States. This means that it is illegal to possess, distribute, or use peyote for recreational purposes. However, peyote is legal for religious ceremonies of the Native American Church (NAC), and members of the NAC are allowed to use it as part of their religious practices. The estimated number of NAC members is around 250,000, but it does not necessarily reflect the number of active peyote users. Additionally, there may be individuals who use peyote illicitly, but it is challenging to ascertain their numbers.
            • terri
              Is mescaline illegal in texas?
              1 year ago
            • Yes, mescaline is illegal in Texas. It is classified as a Schedule I controlled substance, which means it is illegal to possess, distribute, or manufacture mescaline in Texas.
              • fethawit
                Is peyote legal in california?
                1 year ago
              • Peyote is illegal in California except for certain religious and Native American use under specific circumstances. The Native American Church, which has been granted religious exemption, is allowed to use peyote in their religious ceremonies. However, possession, cultivation, and consumption of peyote for recreational purposes is illegal in California.
                • Rosie Fleming
                  Is san pedro cactus legal in california?
                  1 year ago
                • No, San Pedro cactus (which is also known as Echinopsis pachanoi) is not considered legal in California. It is classified as a Schedule III narcotic, and it is illegal to possess, cultivate, or distribute the plant or its active alkaloid compounds.
                  • Nellie
                    Is peyote illegal in oklahoma?
                    1 year ago
                  • Peyote is illegal in Oklahoma. Possession and use of peyote is a felony in Oklahoma, punishable by up to 10 years in jail and a $25,000 fine.
                    • lily-rose johnston
                      Is peyote legal for native americans today?
                      1 year ago
                    • Yes, the U.S. Supreme Court has ruled that Native Americans are allowed to use peyote in religious ceremonies. The American Indian Religious Freedom Act of 1978 guarantees this right.
                      • olle
                        What is the current status of legal protections for the use of peyote in the native american church?
                        1 year ago
                      • The Native American Church is currently exempt from federal drug laws that criminalize the use of peyote. The exemption was made by the U.S. Supreme Court in the case of Employment Division v. Smith (1990), wherein it was ruled that religious use of peyote was protected by the First Amendment. As a result, federal authorities will not prosecute members of the Native American Church for using peyote during religious ceremonies. Some states have also passed laws that recognize the religious use of peyote, although these vary widely.
                        • eric
                          Why is consuming mescaline illegal?
                          1 year ago
                        • Consuming mescaline is illegal in most countries because it is a mind-altering substance that can cause hallucinations and other disorienting side effects. It can also be dangerous when taken in excessive amounts. The potential for abuse, addiction, and psychosis are all concerns with the use of this drug.
                          • Frida
                            Is peyote illegal in alabama?
                            1 year ago
                          • No. Peyote use and possession are both legal in Alabama.
                            • Yemane Massawa
                              Can you grow peyote legally?
                              1 year ago
                            • No, peyote is a controlled substance, and it is illegal to grow, possess, or distribute in the United States. It is protected under the federal Controlled Substances Act, and possession or distribution can result in significant penalties.
                              • antti
                                Is peyote plants butons and power legal in canada?
                                1 year ago
                              • No, the use, possession, and sale of peyote is illegal in Canada.
                                • Siiri Kunnas
                                  When was peyote legalized?
                                  1 year ago
                                • Peyote was decriminalized in the United States in 2021. This decriminalization applies to the use, possession, and distribution of the mescaline-containing cactus for religious purposes of members of the Native American Church.
                                  • fesahaye
                                    Are san pedro cactus legal?
                                    1 year ago
                                  • San Pedro cactus is legal for non-consumption uses in most parts of the world. However, it is illegal to possess or consume San Pedro cactus in some countries, including the United States. Please check with your local laws and regulations for clarification.
                                    • marley
                                      Is it legal to grow peyote?
                                      1 year ago
                                    • No, it is not legal to grow peyote in any capacity. Peyote is classified as a Schedule 1 controlled substance under the Controlled Substance Act in the United States and is also illegal in most other countries.
                                      • beulah
                                        Where to do peyote legally?
                                        1 year ago
                                      • Peyote is a scheduled substance and is therefore illegal to possess in most countries. In the United States, the Native American Church is the only legally recognized religious organization to utilize peyote for its spiritual ceremonies. To legally participate in one of the church's ceremonies, you must be a member of a federally recognized tribe. There are also some states that have passed laws allowing limited use of peyote for ceremonial purposes, including California, Colorado, Nevada, New Mexico, and Oregon.
                                        • Alastair
                                          Is peyote legal in texas?
                                          1 year ago
                                        • No, peyote is not legal in Texas. The possession or use of peyote is illegal under both state and federal laws.
                                          • nico hill
                                            Is peyote legal in nevada?
                                            1 year ago
                                          • No, peyote is illegal in Nevada.
                                            • patrice
                                              Is it illegal to grow peyote?
                                              1 year ago
                                            • Yes, it is illegal to grow peyote in the United States. Peyote is classified as a Schedule 1 Controlled Substance and is protected under the Controlled Substances Act. Growing, selling, and possessing peyote is considered a criminal offense and is punishable by fines and/or imprisonment.
                                              • essi
                                                Is mescaline legal in the us?
                                                1 year ago
                                              • No, mescaline is not legal in the United States. It is a Schedule I drug under the Controlled Substances Act.
                                                • ayden
                                                  Is peyote illegal to possess in wi?
                                                  1 year ago
                                                • No, peyote is not illegal to possess in Wisconsin. However, it is illegal to possess any part of the peyote plant in the state.
                                                  • baillie
                                                    Is the peyote cactus legal?
                                                    1 year ago
                                                  • No, the peyote cactus is classified as a Schedule One drug by the U.S. Drug Enforcement Agency and is illegal to possess or use in the United States without prior approval from the DEA.
                                                    • marco
                                                      Are peyote plants legal?
                                                      1 year ago
                                                    • No, peyote plants are not legal in most parts of the world. Peyote is considered a controlled substance and possession of it is illegal in most countries.
                                                      • Linda
                                                        Is mescalin legal in the states?
                                                        1 year ago
                                                      • No, mescaline is illegal in the United States. It is classified as a Schedule I controlled substance which makes it illegal to possess, use, buy, sell, or manufacture.