Peyote and Mescaline Laws

Peyote—a type of cactus—is just one natural source of mescaline, a hallucinogenic substance. Mescaline can be found naturally in a few other cacti species and produced synthetically.

In the United States, peyote and mescaline are controlled substances and generally grouped with illicit hallucinogens, like LSD and PCP, making them illegal to possess, produce, and sell. But, due to peyote's religious significance for many Native Americans, certain legal exemptions exist for its use in religious ceremonies. Read on to learn more about laws on peyote and mescaline.

What Is Peyote?

Peyote is a small, spineless cactus native to parts of Texas and Mexico. It is slow-growing and can take 10 to 30 years to mature in the wild. Upon maturity, the peyote cactus develops crowns or "buttons" at the top. These buttons contain the psychedelic compound mescaline.

Peyote buttons are generally consumed by chewing dried buttons or boiling them for tea. They can also be dried and ground into powder to make tablets, capsules, or smoked.

The Native American Church uses peyote in religious ceremonies. Peyote is considered a sacrament (similar to the sacrament of bread and wine in certain Christian religions). For the Native American Church, peyote also represents an object of worship or deity, revered for its spiritual and healing powers. Members of the church partake in peyote in the context of prayer and ceremony.

What Is Mescaline?

Mescaline—a hallucinogen—occurs naturally in peyote cacti and San Pedro cacti (the most well-known varieties). It can also be produced synthetically. The cacti can be dried and ground into powder, boiled for tea, or chemically extracted. Produced synthetically, mescaline takes the form of a white crystalline solid.

Mescaline has hallucinogenic properties, which can include illusions, visions, euphoria, and altered perceptions of space and time. Emotional effects can range from joy and empathy to panic and despair. Physiological effects can include nausea, vomiting, muscle weakness, increased heart rate, and impaired motor skills.

Is Peyote Legal? Is It Legal to Grow Peyote?

For the most part, peyote is illegal to possess, cultivate, or sell. Federal law and most states classify peyote as a Schedule I drug. Limited exceptions apply for religious use of peyote.

Federal Law: Exemption for Traditional Native American Use of Peyote

Federal law protects Native Americans' right to use and possess peyote in traditional religious ceremonies. To qualify for this exemption, a person must be a member of a federally recognized tribe. The law does not expressly protect the right to cultivate and harvest peyote, however. It leaves the regulation of cultivating and harvesting of religious peyote to the federal Drug Enforcement Agency. (42 U.S.C. § 1996a (2025).)

State Laws on Peyote Use for Religious Ceremonies

The federal protections listed above extend to states. Most states have placed this exemption into law, with some extending the exemption to any bona fide religious use of peyote (including non-tribal). Examples of these states include Colorado, Nevada, New Mexico, and Oregon.

On the flip side, at least two states impose requirements that aren't present in the federal law. For instance, in Texas, only Native American Church members who are 25% Indian qualify for the exemption. Idaho's law requires a tribal member in possession of peyote to carry a tribal enrollment card, a tribal church membership card, and a permit from that church authorizing their peyote use.

California doesn't have the religious exemption in statute. However, California courts have recognized First Amendment protections for bona fide religious use of peyote. (People v. Woody, 394 P.2d 813 (Cal. 1964).)

State Laws on Peyote Cultivation for Religious Ceremonies

State laws on growing peyote can be confusing. Some states' laws provide that peyote associated with bona fide religious ceremonies is not considered a Schedule I drug, which would mean criminal penalties for possession and cultivation don't apply. Other states have laws similar to the federal exemption that applies only to possession and use of peyote for religious purposes. Here, arguably, growing peyote would still be a criminal act.

Given all the variations in state laws, it's best to consult an attorney knowledgeable in your state's laws to provide advice applicable to your particular situation.

(Colo. Rev. Stat. § 18-18-418; Idaho Code § 37-2732A; Minn. Stat. § 152.02; Nev. Rev. Stat. § 453.541; N.M. Stat. § 30-31-6; Or. Rev. Stat. § 475.752; Tex. Health & Safety Code § 481.111 (2025).)

Is Mescaline Legal?

Synthetic (man-made) mescaline is illicit for all purposes. In most instances, plant-based mescaline is also illegal to possess, use, or produce, unless a legal exemption applies. (See the above section for a discussion of religious exemptions for mescaline derived from peyote.)

Colorado Decriminalization of Naturally Derived Mescaline (But Not Peyote)

Colorado appears to be the only state that has decriminalized certain mescaline use. The state permits adults age 21 and older to possess and cultivate natural mescaline for personal use, subject to restrictions. Decriminalization applies only to mescaline derived naturally from cacti other than peyote (due to conservation concerns for this vulnerable plant).

(Colo. Rev. Stat. § 18-18-434 (2025).)

Cities Deprioritize Arrests and Charges for Possession of Naturally Occurring Mescaline

A few cities have enacted resolutions and policies (but not laws) that make investigations and arrests for possession and use of entheogenic plants—including cacti containing mescaline—among the lowest priority for law enforcement resources. However, these resolutions don't affect the legality of mescaline. While local law enforcement and prosecutors may follow such prioritization statements, other county, state, and federal officials are not bound by these resolutions.

(Check out D.C. Stat. § 48-921.52 (2025).)

Federal Penalties for Peyote or Mescaline Offenses

Federal drug penalties apply to the possession, cultivation, and production of peyote and mescaline (unless a tribal religious exemption applies).

Penalties for Peyote or Mescaline Possession

Federal law makes simple possession of peyote and mescaline a misdemeanor, punishable by up to one year in prison and a minimum $1,000 fine. Subsequent simple possession convictions carry minimum sentences for both fines and incarceration. A second conviction can mean 15 days to 2 years behind bars and a minimum $2,500 fine. Third and subsequent convictions have a 90-day minimum sentence and a $5,000 minimum fine. The maximum sentence for these repeat offenders goes up to three years.

Penalties for Peyote or Mescaline Cultivation, Production, and Sale

Illegal cultivation, production, and sale of peyote and natural or synthetic mescaline—Schedule I substances—carry a maximum 20-year federal prison sentence and a $1,000,000 fine. A repeat felony drug offense increases the maximum penalty to 30 years. When grown or sold near a school, playground, youth center, college, or other drug-free zone, penalties can double.

(21 U.S.C. §§ 802, 812, 841, 844, 860 (2025).)

State Penalties for Peyote or Mescaline Offenses

State penalties for illegal drug possession, production, and sale crimes vary widely. In most states, peyote and mescaline are Schedule I drugs that carry penalties similar to those that apply to LSD and PCP. Schedule I drugs are considered highly addictive and have no accepted medical uses. Unless a religious or other exemption applies, a person could face serious criminal charges for peyote and mescaline offenses. Below are some examples.

Penalties for Peyote or Mescaline Possession

Many simple possession crimes carry misdemeanor penalties, even for Schedule I drugs. California, Oregon, and Washington, for instance, make simple possession a misdemeanor with penalties of 180 to 364 days of possible jail time. But this isn't always the case. Arizona, for example, makes it a class 6 felony to possess peyote.

Possession of larger amounts may also result in felony penalties. Texas makes possession of less than 28 grams of peyote or mescaline a Class A misdemeanor, but for larger amounts, the penalties move up to felonies.

Penalties for Cultivation of Peyote and San Pedro Cacti

Growing or cultivating peyote or San Pedro cacti typically falls under states' illegal drug manufacturing laws, which often carry felony penalties. A few states, though, exempt the cultivation of natural plants from their harsh drug manufacturing laws. For instance, California makes planting, cultivating, harvesting, drying, or processing peyote a wobbler offense with up to a year in jail or prison. Wyoming has a similar law that makes cultivating peyote a misdemeanor with up to 6 months of jail time.

Penalties for Peyote or Mescaline Sale and Manufacturing

Sale and manufacturing crimes typically carry felony penalties. For instance, possession of peyote or mescaline to sell carries possible prison sentences of 2, 3, or 4 years in California. Kansas makes sale or possession with intent to sell peyote or mescaline a drug severity level 1 to 4 felony, depending on the amount involved. In Minnesota, a person who sells, cultivates, or manufactures peyote or mescaline faces a 15-year felony. Texas makes possession with intent to sell, sale, and manufacturing of peyote and mescaline a state jail felony for amounts less than 28 grams. Amounts of 28 grams or more carry penalties for felonies in the first or second degree.

(Ariz. Stat. § 13-3402; Cal. Health & Safety Code §§ 11054(d), 11350, 11351, 11363; Kan. Stat. § 21-5705; Minn. Stat. § 152.024; Or. Rev. Stat. § 475.752; Tex. Health & Safety Code §§ 481.114, 481.117; Wash. Rev. Code §§ 69.50.204, 69.50.4013; Wyo. Stat. § 35-7-1040 (2025).)

Working With a Lawyer

If you face criminal charges for offenses relating to peyote or mescaline, talk to a criminal defense attorney. Felony charges can mean serious prison time. And while a misdemeanor might seem minor, a criminal record for a drug crime can impact your ability to find work or housing. A conviction can also result in enhanced penalties if you face future charges. If you can't afford an attorney, ask for a public defender.