Legal status of psychoactive cacti by country

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This is a list of the legal status of psychoactive cacti by country. This includes but is not limited to the peyote, the San Pedro and the Peruvian torch.

CountryPossessionSaleTransportCultivationNotes
Flag of Australia (converted).svg Australia[ citation needed ][ citation needed ][ citation needed ][ citation needed ]Mescaline (3,4,5‑TRIMETHOXYPHENETHYLAMINE and other substances structurally derived from methoxy‑phenylethylamine except methoxyphenamine) is listed under "Schedule 9 - Prohibited substances" in Australia as per the Therapeutic Goods (Poisons Standard—July 2023) Instrument made under paragraph 52D(2)(b) of the Therapeutic Goods Act 1989. [1] Legality regarding cultivation / possession of plants and regulations containing schedules of "controlled substances" those plants may not contain is typically covered by individual state / territory legislation.
Flag of Brazil.svg BrazilIllegalIllegalIllegalIllegalPossession, production and sale is illegal as it is listed on Portaria SVS/MS nº344 [2]
Flag of Canada (Pantone).svg CanadaIllegal except PeyoteIllegal except PeyoteIllegal except PeyoteLegalMescaline and any salt thereof is illegal, but not peyote (Lophophora). [3] Only ornamental growing is allowed. [4]
Flag of Denmark.svg DenmarkIllegalIllegalIllegalIllegal"Cactus and seeds of the species Echinopsis pachanoi and Echinopsis peruviana or others containing the substance mescaline are illegal. (3,4,5-trimethoxy-phenethylamin)." [5]
Flag of the Czech Republic.svg Czech RepublicLegalLegalLegalLegalCultivating or selling the cacti itself is legal. [6]
Flag of France.svg FranceIllegalIllegalIllegalPeyote is regulatedMescaline is classified as a narcotic in France by the decree of February 22, 1990 establishing the list of substances classified as narcotics [7]
Flag of Germany.svg GermanyLegallegalLegalLegalCacti are not prohibited. Mescaline is controlled under Anlage I BtMG. It is illegal to manufacture, possess, import, export, buy, sell, procure or dispense it without a license. [8]
Flag of India.svg IndiaIllegalIllegalIllegalIllegal
Flag of Italy.svg ItalyIllegal except PeyoteIllegal except PeyoteIllegal except PeyoteLegalMescaline is listed under Table 1 of Italy's "Tabelle delle sostanze stupefacenti e psicotrope" making it illegal to purchase, transport or sell. However, psychoactive cacti (with the exception of peyote) can be legally purchased from florists, garden centers and online shops. [9]
Flag of Ireland.svg IrelandIllegalIllegalIllegalIllegalMescaline is listed under Schedule 1 of Ireland's Misuse of Drugs Act.
Flag of Mexico.svg MexicoLegal except peyoteLegal except peyoteLegal except peyoteLegal except peyoteThe Ley General de Salud declares that mescaline and peyote are illegal. However, the San Pedro cactus and Peruvian Torch are not mentioned in it, so they are totally legal.
Flag of the Netherlands.svg NetherlandsLegalLegalLegalLegalThe cactus (Peyote, San Pedro...) is legal, extracted mescaline is not. [10]
Flag of Norway.svg NorwayIllegalIllegalIllegalIllegal [11]
Flag of New Zealand.svg New ZealandIllegalIllegalIllegalLegalMescaline is a Class A drug, and so cacti containing it can only be grown ornamentally. [12]
Flag of Peru.svg PeruLegalLegalLegalLegal [13]
Flag of Portugal.svg PortugalLegalLegalLegalLegal [14]
Flag of Switzerland (Pantone).svg  SwitzerlandIllegalIllegalIllegalIllegal [15]
Flag of Romania.svg RomaniaIllegalIllegalIllegalIllegalPsychotropic plants and substances or mixtures containing such plants and substances defined under drugs and Mescaline is listed in table 1, the most restrictive under Law 143/26.07.2000. [16]
Flag of Russia.svg RussiaIllegalIllegalIllegalIllegalMescaline is List I of narcotic drugs, psychotropic substances prohibiting the purchase, transporting, and possession of substances. [17]
Flag of Slovenia.svg SloveniaLegalLegalLegalLegalThe cactus itself is legal to grow, import and sell, but extracting the mescaline from it is illegal. [18]
Flag of Sweden.svg SwedenLegalLegalLegalLegalThe cactus itself is legal to grow, import and sell, but extracting the mescaline from it is illegal.
Flag of Thailand.svg ThailandLegalLegalLegalLegalCacti such as peyote are not prohibited. However, mescaline, which they contain is a prohibited narcotic substance. [19]
Flag of Ukraine.svg UkraineLegalLegalLegalLegalThe government has excluded San Pedro Cactus (Echinopsis Pachanoi) and peyote (Lophophora Williamsii) from the list of illicit drugs, psychotropic substances and precursors. This is stated in the decision of the Cabinet of Ministers №408 dated May 23, 2012. [20]
Flag of the United Kingdom.svg United KingdomLegalLegalLegalLegal“Hallucinogenic cacti are not illegal in the UK, unless prepared for consumption as a hallucinogen. This could include drying them, or cutting them into edible ‘buttons’.” [21]
Flag of the United States.svg United StatesLegal for religious useLegal for religious useLegal for religious useLegalOnly peyote and mescaline itself are controlled substances in the United States. Substance: Peyote, DEA#: 7415, CSA SCH: I, NARC: N, Other names: Cactus which contains mescaline

Following the passage of the American Indian Religious Freedom Act Amendments of 1994, United States federal law (and many state laws) protects the harvest, possession, consumption and cultivation of peyote as part of "bona fide religious ceremonies" (the federal statute is the American Indian Religious Freedom Act, codified at 42 U.S.C.   § 1996a, "Traditional Indian religious use of the peyote sacrament", exempting only use by Native American persons. US v. Boyll expanded permitted use to all persons engaged in traditional Indian use, regardless of race. All US states with the exception of Idaho and Texas allow usage by non-native, non-enrolled persons in the context of ceremonies of the Native American Church. Some states such as Arizona additionally exempt any general bona fide religious activity or spiritual intent. US jurisdictions enacted these specific statutory exemptions partially in reaction to the US Supreme Court's decision in Employment Division v. Smith , 494 U.S. 872 (1990), which held that laws prohibiting the use of peyote that do not specifically exempt religious use nevertheless do not violate the Free Exercise Clause of the First Amendment.

In October 2021, Seattle’s City Council approved a resolution to decriminalize noncommercial activity around non-peyote-derived mescaline. [22]

Related Research Articles

<span class="mw-page-title-main">Mescaline</span> Naturally occurring psychedelic compound


Mescaline or mescalin or mezcalin (3,4,5-trimethoxyphenethylamine) is a naturally occurring psychedelic protoalkaloid of the substituted phenethylamine class, known for its hallucinogenic effects comparable to those of LSD and psilocybin. It is an agonist that binds to a seratonin receptor in the brain, activating hallucinogenic effects.

<span class="mw-page-title-main">Psychedelic drug</span> Hallucinogenic class of psychoactive drug

Psychedelics are a subclass of hallucinogenic drugs whose primary effect is to trigger non-ordinary mental states and a perceived "expansion of consciousness". Also referred to as classic hallucinogens or serotonergic hallucinogens, the term psychedelic is sometimes used more broadly to include various types of hallucinogens, such as those which are atypical or adjacent to psychedelia like salvia and MDMA, respectively.

<span class="mw-page-title-main">Entheogen</span> Psychoactive substances that induce spiritual experiences

Entheogens are psychoactive substances, including psychedelic drugs, used in sacred contexts in religion for inducing spiritual development throughout history.

Psychedelic therapy refers to the proposed use of psychedelic drugs, such as psilocybin, ayahuasca, LSD, psilocin, mescaline (peyote), DMT, 5-MeO-DMT,Ibogaine,MDMA, to treat mental disorders. As of 2021, psychedelic drugs are controlled substances in most countries and psychedelic therapy is not legally available outside clinical trials, with some exceptions.

<i>Leocereus</i> Genus of cacti

Leocereus is a genus of cactus. Its only species is Leocereus bahiensis, first described by Nathaniel Lord Britton and Joseph Nelson Rose in 1926.

<i>Echinopsis lageniformis</i> Species of plant

Echinopsis lageniformis, synonyms including Echinopsis scopulicola and Trichocereus bridgesii, is a cactus native to Bolivia. It is known as the Bolivian torch cactus. Among the indigenous populations of Bolivia, it is sometimes called achuma or wachuma, although these names are also applied to related species such as Trichocereus macrogonus which are also used for their psychedelic effects.

<span class="mw-page-title-main">Lophophine</span> Chemical compound

Lophophine is a putative psychedelic and entactogen drug of the methylenedioxyphenethylamine class. It is the α-demethylated homologue of MMDA, and is also closely related to mescaline.

<span class="mw-page-title-main">Drug</span> Substance having effect(s) on the body of an individual

A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via inhalation, injection, smoking, ingestion, absorption via a patch on the skin, suppository, or dissolution under the tongue.

<i>Trichocereus macrogonus</i> Species of cactus

Trichocereus macrogonus, synonym Echinopsis macrogonus, is a species of cactus found in Ecuador, Peru and Bolivia. Two varieties are accepted as of September 2023: var. macrogonus and var. pachanoi. Plants contain varying amounts of the psychoactive alkaloid mescaline. They have been used both ritually and in traditional medicine from pre-Columbian times. Trichocereus macrogonus is one of a number of similar species that may be called San Pedro cactus. Indigenous names include achuma and huachuma, although these too may be applied to similar species.

<i>Trichocereus macrogonus <span style="font-style:normal;">var.</span> pachanoi</i> Mescaline-containing cactus

Trichocereus macrogonus var. pachanoi is a fast-growing columnar cactus found in the Andes at 2,000–3,000 m (6,600–9,800 ft) in altitude. It is one of a number of kinds of cacti known as San Pedro cactus. It is native to Ecuador, Peru and Colombia, but also found in Argentina, Bolivia, Chile and Venezuela and cultivated in other parts of the world. Uses for it include traditional medicine and traditional veterinary medicine, and it is widely grown as an ornamental cactus. It has been used for healing and religious divination in the Andes Mountains region for over 3,000 years.

<span class="mw-page-title-main">Peyote</span> Species of plant

The peyote is a small, spineless cactus which contains psychoactive alkaloids, particularly mescaline. Peyote is a Spanish word derived from the Nahuatl peyōtl, meaning "caterpillar cocoon", from a root peyōni, "to glisten". Peyote is native to Mexico and southwestern Texas. It is found primarily in the Sierra Madre Occidental, the Chihuahuan Desert and in the states of Nayarit, Coahuila, Nuevo León, Tamaulipas, and San Luis Potosí among scrub. It flowers from March to May, and sometimes as late as September. The flowers are pink, with thigmotactic anthers.

<span class="mw-page-title-main">Legal status of psilocybin mushrooms</span>

The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse or drugs that have no recognized medical uses. However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.

<span class="mw-page-title-main">Cimora</span> Type of hallucinogen

Cimora is a Peruvian term used to describe a brew with hallucinogenic properties made from the “San Pedro” cacti and other plants such as chamico in South America, used traditionally for shamanic purposes and healing in Peru and Bolivia. The name is also used to describe a number of both hallucinogenic and non-hallucinogenic plants in the region, some of which are used in traditional medicines. Which plants go by the name cimora is an ethnobotanical problem that has been debated at great length by ethnobotanists in many different journals. The term cimora is said to refer to algo malo, meaning something bad. San Pedro goes by many names including pachanoi, aguacolla, elremedio, gigantón, and cactus of the four winds. The ritualistic use of the brew is similar to ayahuasca, which is a South American used as a traditional spirit medicine in Brazil, although while the active ingredient in ayahuasca is DMT, the active ingredient in cimora is mescaline. The use of cimora and the rituals involved have evolved throughout history due to the influence of those who controlled Peru at different stages, although it has almost always involved the use of the San Pedro cactus and its mescaline content.

<span class="mw-page-title-main">Psychoactive cactus</span> Cactus containing psychoactive chemicals

Many cacti are known to be psychoactive, containing phenethylamine alkaloids such as mescaline. However, the two main ritualistic (folkloric) genera are Echinopsis, of which the most psychoactive species occur in the San Pedro cactus group, and Lophophora, with peyote being the most psychoactive species. Several other species pertaining to other genera are also psychoactive, though not always used with a ritualistic intent.

Arthur John Kleps was a psychologist turned drug legalization advocate whose Neo-American Church defended the use of cannabis and hallucinogens for spiritual enlightenment and exploration.

<span class="mw-page-title-main">1P-LSD</span> Chemical compound

1P-LSD is a psychedelic drug of the lysergamide class that is a derivative and functional analogue of LSD and a homologue of ALD-52. It originated in 2015 when it appeared a designer drug sold online. It was first synthesized as a legal-LSD alternative by Lizard Labs, a Netherlands based research chemical laboratory. It modifies the LSD molecule by adding a propionyl group to the nitrogen atom of LSD's indole group.

This is an overview of the legality of ayahuasca by country. DMT, one of the active ingredients in ayahuasca, is classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, meaning that international trade in DMT is supposed to be closely monitored; use of DMT is supposed to be restricted to scientific research and medical use. Natural materials containing DMT, including ayahuasca, are not regulated under the 1971 Psychotropic Convention. The majority of the world's nations classify DMT as a scheduled drug; however, few countries seem to have laws specifically addressing the possession or use of ayahuasca.

<span class="mw-page-title-main">Psilocybin decriminalization in the United States</span> Movement to decriminalize psilocybin in the United States

The movement to decriminalize psilocybin in the United States began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin in May of that year. The cities of Oakland and Santa Cruz, California, decriminalized psilocybin in June 2019 and January 2020, respectively. Washington, D.C., followed soon in November 2020, as did Somerville, Massachusetts, in January 2021, and then the neighboring Cambridge and Northampton in February 2021 and March 2021, respectively. Seattle, Washington, became the largest U.S. city on the growing list in October 2021. Detroit, Michigan, followed in November 2021.

Cactus alkaloids are alkaloids that occur in cactus. Structurally, they are tetrahydroisoquinolines and phenylethylamines.

Decriminalize Nature is a national grassroots organization started in Oakland, CA that aims to improve human health and well-being by decriminalizing and expanding access to entheogenic plants and fungi through political and community organizing, education and advocacy. Entheogens include but are not limited to psilocybe muchrooms, ayahuasca, plants that contain ibogaine, and cacti that contain mescaline. Decriminalize Nature supports and trains local leadership to pass policy, having success in multiple cities/counties nationwide so far.

References

  1. ↑ "Therapeutic Goods (Poisons Standard—July 2023) Instrument 2023". Federal Register of Legislation. 2023-06-23. Retrieved 2023-09-01.
  2. ↑ "Página inicial". Agência Nacional de Vigilância Sanitária - Anvisa (in Portuguese). Retrieved 2020-11-30.
  3. ↑ "Controlled Drugs and Substances Act". Site Web de la législation (Justice). 2019-09-19. Retrieved 2020-08-09.
  4. ↑ "Psychedelics and Canada's Regulatory Landscape". Lexology. 2020-07-15. Retrieved 2020-08-09.
  5. ↑ "Bekendtgørelse om euforiserende stoffer". retsinformation.dk (in Danish).
  6. ↑ "Psychedelic fungi and cacti legalized in Czech Republic". mushroom-magazine.com. 2012-01-20. Retrieved 2023-01-16.
  7. ↑ "Wikiwix's cache". Wikiwix [archive] (in French). 2002-01-06. Archived from the original on 2002-01-05. Retrieved 2020-11-30.{{cite web}}: Cite uses generic title (help)
  8. ↑ "§ 29 BtMG - Einzelnorm". Gesetze im Internet (in German). Retrieved 2020-11-30.
  9. ↑ Salute, Ministero della (2013-04-23). "Tabelle delle sostanze stupefacenti e psicotrope". Ministero della Salute (in Italian). Retrieved 2020-11-30.
  10. ↑ Koninkrijksrelaties, Ministerie van Binnenlandse Zaken en. "Opiumwet". wetten.overheid.nl (in Dutch). Retrieved 2023-01-18.
  11. ↑ "Forskrift om narkotika (Narkotikaforskriften) - Lovdata".
  12. ↑ "About a drug: Mescaline". NZ Drug Foundation. Retrieved 2020-11-30.
  13. ↑ FJ, Carod-Artal; CB, Vázquez-Cabrera (2006). "[Mescaline and the San Pedro cactus ritual: archaeological and ethnographic evidence in northern Peru]". Revista de neurologia. 42 (8): 489–498. doi:10.33588/rn.4208.2006040. ISSN   0210-0010. PMID   16625512 . Retrieved 2022-10-22.
  14. ↑ "Drug decriminalisation in Portugal: setting the record straight". Transform. 2021-05-13. Retrieved 2022-10-22.
  15. ↑ "Verordnung des EDI über die Verzeichnisse der Betäubungsmittel, psychotropen Stoffe, Vorläuferstoffe und Hilfschemikalien (Betäubungsmittelverzeichnisverordnung, BetmVV-EDI)". Swiss Government (in German). 1 March 2018. Retrieved 3 April 2018.
  16. ↑ "LEGE 143 26/07/2000". Portal Legislativ (in Romanian). Retrieved 2020-11-30.
  17. ↑ "Постановление Правительства РФ от 30.06.1998 N 681 "Об утверждении перечня наркотических средств, психотропных веществ и их прекурсоров, подлежащих контролю в Российской Федерации" (с изменениями и дополнениями)". ГАРАНТ (in Russian). Retrieved 2020-11-30.
  18. ↑ "Uredba o razvrstitvi prepovedanih drog". pisrs. Retrieved 2023-01-16.
  19. ↑ "R/Thailand - Something I saw at the Chatuchak market. Could hardly believe it, but peyote is legal in Thailand". 17 December 2014.
  20. ↑ "Про внесення змін до переліку наркотичних засобів, психотропних речовин і прекурсорів".
  21. ↑ "Cacti". DrugWise. 2016-01-03. Retrieved 2018-03-03.
  22. ↑ Adlin, Ben (2021-10-04). "Seattle Becomes Largest U.S. City To Decriminalize Psychedelics". Marijuana Moment. Retrieved 2021-10-07.
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