Legal status of psychoactive cactus by country

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This is a list of the legal status of psychoactive cactus 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] The San Pedro cactus and other plants are not exempt and is only permitted to grow for ornamental purposes. [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] Lophophora williamsi had been classified in table A of toxic substances in 1957, then in 1966 in table B of narcotics, to be "relegated" on February 22, 1990.
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 IndiaIllegalIllegalIllegalIllegalMescaline is listed under controlled in India under the NDPS Act cultivation/production/manufacture, possession, sale, purchase, transport, storage, consumption or distribution is illegal.
Flag of Italy.svg ItalyLegal except PeyoteLegal except PeyoteLegal except PeyoteLegal except PeyoteMescaline 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 ZealandIllegalIllegalIllegalLegalMay be cultivated for ornamental purposes but not for recreational use. Mescaline is a Class A drug under the Misuse of Drugs Act. [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 LEGE nr. 143 din 26 iulie 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">Cactus</span> Family of mostly succulent plants, adapted to dry environments

A cactus is a member of the plant family Cactaceae, a family comprising about 127 genera with some 1,750 known species of the order Caryophyllales. The word cactus derives, through Latin, from the Ancient Greek word κάκτος (káktos), a name originally used by Theophrastus for a spiny plant whose identity is now not certain. Cacti occur in a wide range of shapes and sizes. They are native to the Americas, ranging from Patagonia in the south to parts of western Canada in the north, with the exception of Rhipsalis baccifera, which is also found in Africa and Sri Lanka. Cacti are adapted to live in very dry environments, including the Atacama Desert, one of the driest places on Earth. Because of this, cacti show many adaptations to conserve water. For example, almost all cacti are succulents, meaning they have thickened, fleshy parts adapted to store water. Unlike many other succulents, the stem is the only part of most cacti where this vital process takes place. Most species of cacti have lost true leaves, retaining only spines, which are highly modified leaves. As well as defending against herbivores, spines help prevent water loss by reducing air flow close to the cactus and providing some shade. In the absence of true leaves, cacti's enlarged stems carry out photosynthesis.

<i>The Doors of Perception</i> 1954 book by Aldous Huxley

The Doors of Perception is an autobiographical book written by Aldous Huxley. Published in 1954, it elaborates on his psychedelic experience under the influence of mescaline in May 1953. Huxley recalls the insights he experienced, ranging from the "purely aesthetic" to "sacramental vision", and reflects on their philosophical and psychological implications. In 1956, he published Heaven and Hell, another essay which elaborates these reflections further. The two works have since often been published together as one book; the title of both comes from William Blake's 1793 book The Marriage of Heaven and Hell.

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

Mescaline or mescalin (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.

<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 an apparent 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. This article makes use of the narrower classical definition of psychedelics. Classic psychedelics generally cause specific psychological, visual, and auditory changes, and oftentimes a substantially altered state of consciousness. They have had the largest influence on science and culture, and include mescaline, LSD, psilocybin, and DMT.

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

Entheogens are psychoactive substances that induce alterations in perception, mood, consciousness, cognition, or behavior for the purposes of engendering spiritual development or otherwise in sacred contexts. Anthropological studies have established that entheogens are used for religious, magical, shamanic, or spiritual purposes in many parts of the world. Entheogens have traditionally been used to supplement many diverse practices geared towards achieving transcendence, including divination, meditation, yoga, sensory deprivation, healings, asceticism, prayer, trance, rituals, chanting, imitation of sounds, hymns like peyote songs, drumming, and ecstatic dance. The psychedelic experience is often compared to non-ordinary forms of consciousness such as those experienced in meditation, near-death experiences, and mystical experiences. Ego dissolution is often described as a key feature of the psychedelic experience.

<span class="mw-page-title-main">Heffter Research Institute</span> Nonprofit organization

The Heffter Research Institute is a 501(c)(3) nonprofit organization that promotes research with classic hallucinogens and psychedelics, predominantly psilocybin, to contribute to a greater understanding of the mind and to alleviate suffering. Founded in 1993 as a virtual institute, Heffter primarily funds academic and clinical scientists and made more than $3.1 million in grants between 2011 and 2014. Heffter's recent clinical studies have focused on psilocybin-assisted treatment for end-of-life anxiety and depression in cancer patients, as well as alcohol and nicotine addiction.

<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.

<i>Ariocarpus fissuratus</i> Species of cactus

Ariocarpus fissuratus is a species of cactus found in small numbers in northern Mexico and Texas in the United States. Common names include living rock cactus, false peyote, chautle, dry whiskey and star cactus.

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

A drug is any chemical substance that when consumed causes a change in an organism's physiology, including its psychology, if applicable. Drugs are typically distinguished from food and other substances that provide nutritional support. Consumption of drugs can be via inhalation, injection, smoking, ingestion, absorption via a patch on the skin, suppository, or dissolution under the tongue.

Entheogenic drugs have been used by various groups for thousands of years. There are numerous historical reports as well as modern, contemporary reports of indigenous groups using entheogens, chemical substances used in a religious, shamanic, or spiritual context.

<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 intraditional 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 and Peru, but also found in Argentina, Bolivia, Colombia, 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.

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.

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.

<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 suit 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.

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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