San Pedro (Trichocereus pachanoi) and peyote (Lophophora williamsii) are both psychedelic cacti which contain mescaline, but their legal statuses in the U.S. differ.
While San Pedro remains legal to buy, sell, and cultivate, peyote is classified as a Schedule I controlled substance, making its possession and distribution illegal except for specific religious exemptions.
This blog explores why San Pedro is widely available while peyote remains restricted, highlighting the laws and various acts that govern their legal status in the U.S.
The Controlled Substances Act
In the 1960s, psychedelics surged in popularity, with substances like LSD and magic mushrooms capturing the public's imagination. Peyote also became particularly well-known for containing a psychedelic compound called mescaline.
Influential figures like Aldous Huxley and Carlos Castaneda helped bring mescaline and peyote into mainstream awareness.
Rising government concerns over these substances led to strict regulations, ultimately resulting in the classification of psychedelics, including the peyote cactus, as Schedule I substances under the Controlled Substances Act of 1970.
San Pedro: Overlooked by Law
During this time, San Pedro cacti were present in the U.S., but they were primarily used as ornamental plants in landscaping rather than for their psychoactive properties. The most common variety used was PC Pachanoi (PC standing for predominant cultivar). This variety contains only trace amounts of mescaline and is not considered active.
True San Pedro (Trichocereus pachanoi) contains active amounts of mescaline, and although it may have existed in the U.S., it was rare and has only gained popularity among hobby growers in more recent years.
Due to these factors, the San Pedro cactus was overlooked when the Controlled Substances Act was enacted.
Suppressing Native American Religion
The U.S. government’s decision to criminalize peyote may have been driven, at least in part, by efforts to suppress Native American religious practices. For centuries, Indigenous tribes have used peyote as a sacred sacrament in spiritual ceremonies.
However, as Native American religious movements, such as the Native American Church (NAC), grew in the late 19th and early 20th centuries, government authorities viewed peyote use as a threat to assimilation policies.
By classifying peyote and its active compound, mescaline, as Schedule I substances, the government effectively restricted the Native Americans' access to their sacred plant.
American Indian Religious Freedom Act
In 1978 the American Indian Religious Freedom Act (AIRFA) was passed. This act was designed to protect the religious rights of Native American tribes. For decades, Indigenous spiritual practices had been suppressed through legal restrictions and government policies.
AIRFA aimed to restore these rights by recognizing the importance of traditional religious practices. However, the act did not explicitly legalize peyote, meaning Native American Church (NAC) members could still face prosecution under existing drug laws for its possession and use.
1994 Amendment
Native American tribes and members of the NAC actively fought for their rights and in 1994 the American Indian Religious Freedom Act was amended. The amendment specifically exempted peyote from prohibition when used in bona fide religious ceremonies, ensuring that NAC members could legally possess, transport, and use the sacred cactus without fear of arrest.
This was a significant victory for Indigenous peoples, as it protected an essential aspect of their spiritual and cultural heritage.
Conclusion
Despite the legal protections granted to the Native American Church, peyote remains illegal for the general public in the U.S. under federal law and is still classified as a Schedule I substance alongside other psychedelics. However, San Pedro cacti remain legal to buy, sell, and cultivate, largely because they have been traditionally viewed as ornamental plants rather than psychedelic substances. The consumption of San Pedro or the extraction of mescaline from these cacti remains illegal.