Peyote
Legal Status
U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY | |
Lophophora williamsii | |
REGULATED | Yes |
STATUS | Scheduled |
SCHEDULE | Schedule I |
CLASSIFICATION | Hallucinogen |
Peyote (lophophora williamsii) is Schedule I in the United States. This means it is illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license.
The CSA states:
Administration, Department of Justice
PART 1307--MISCELLANEOUS--Table of Contents
Sec. 1307.31 Native American Church.
The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law.
The CSA states:
(22) Peyote Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12))
Federal Native American Church Exemption
TITLE 21-Food And DrugsAdministration, Department of Justice
PART 1307--MISCELLANEOUS--Table of Contents
Sec. 1307.31 Native American Church.
The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law.
U.S. STATE LAW #
Laws regarding peyote vary from state to state, with many states allowing "bona fide religious use" of peyote as an exception to the controlled substance laws. Arizona, Colorado, Idaho, Iowa, Kansas, Minnesota, Nevada, New Mexico, Oklahoma, Oregon, South Dakota, Texas, Wisconsin, and Wyoming all offer some limited exceptions to the peyote laws for religious use. See Peyote Foundation's State Law Page (cache)
In states such as Arizona, Colorado, Minnesota, Nevada, New Mexico, Oregon, and Utah, peyote may be used by any bonafide relgious organization. In Idaho, Iowa, Kansas, Oklahoma, South Dakota, and Wisconsin, use of peyote is only protected within Native American Church ceremonies. In Kansas, Texas, and Wyoming use is only protected for members of the NAC, and Idaho and Texas require some "Native American Heritage" in order to be exempt.
In states such as Arizona, Colorado, Minnesota, Nevada, New Mexico, Oregon, and Utah, peyote may be used by any bonafide relgious organization. In Idaho, Iowa, Kansas, Oklahoma, South Dakota, and Wisconsin, use of peyote is only protected within Native American Church ceremonies. In Kansas, Texas, and Wyoming use is only protected for members of the NAC, and Idaho and Texas require some "Native American Heritage" in order to be exempt.
California #
California law states that "every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora, also known as peyote, or any part thereof shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison." (Health & Safety Code:Ch.6,Art.3,Sec.11363) This is notable because the wording includes the entire Lophophora genus, not just Lophophora williamsii.
Utah #
Utah Supreme Court ruled that peyote use in "bona fide" religious ceremonies, regardless of the race of the participants, is protected under Utah and Federal Law in Utah. The court wrote: "On its face, the exemption applies to members of the Native American Church, without regard to tribal membership. The bona fide religious use of peyote cannot serve as the basis for prosecuting members of the Native American Church under state law." See: Salt Lake Tribune, June 23 2004, Utah State Supreme Court Decision
INTERNATIONAL LAW #
Canada #
According to the 2001 Controlled Drugs and Substances Act (which replaced the older Narcotics Control Act) mescaline is listed as a schedule III drug, while peyote is specifically exempted from Canada's Controlled Substances list. If peyote is prepared for use, however, it can be treated as "mescaline". We have an Ask Erowid answer looking at this.
17. Mescaline (3,4,5-trimethoxybenzeneethanamine) and any salt thereof, but not peyote (lophophora)
France #
Peyote (Lophophora williamsii) was specifically added to the list of controlled substances in August 2004. [Reference]
Japan #
We do not know the legal status of Peyote in Japan, but have been told that as of Jun 2005, it is available in headshops (3 buttons for Y12,000 or $110).
Netherlands #
Peyote is classified as a soft drug (like cannabis or psilocybe mushrooms) in the Netherlands.
Russia #
A new law on drug possession came into effect Sep 7 2004, banning seven new substances, including peyote. Anyone caught in possession of two or more adult-size Lophophora williamsii can be arrested and face up to two years in prison. See Moscow Times article (Thanks to CC)
Singapore #
Peyote is not listed in the laws of Singapore, but mescaline is a Class A controlled drug. (Unconfirmed, thanks t)
U.K. #
In 2004, fresh (not dried) peyote buttons are currently sold fresh at shops across Britain. Dried peyote buttons in Britain Class A drugs. (Thanks JD)
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.