peyote seeds legal status

Peyote seeds legal status

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.

TITLE 21-Food And Drugs
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.

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.

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. However, if peyote is prepared for ingestion (ground, made into tea, etc), it is possible that it would be treated as “mescaline” rather than as “peyote” which could make the preparation illegal. See Ask Erowid for more info.

If you have information about the legal status of this substance in any other country, please let us know.

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.

Information on the legal status of Peyote.