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Peyote: Cultural Significance and Sacred Traditions

Peyote's 5,700-year history, the Wixárika pilgrimage to Wirikuta, the Native American Church and the law that protects it, and why the cactus is now Vulnerable.

Editorial Team6 min readUpdated
A wild peyote cactus half hidden among grey stones and dry grass
Wild Lophophora williamsii among limestone rubble in Nuevo Leon, Mexico. Photo: Kauderwelsch, CC BY-SA 4.0, via Wikimedia Commons.

Peyote (Lophophora williamsii) is a small, spineless cactus of the Rio Grande valley in Texas and the northern plains of Mexico. (Encyclopedia of Oklahoma History and Culture, current page) It is also a sacrament, a protected religious practice under US law and a slow-growing plant in decline. This article covers that history and why it shapes how we write about peyote. Our full, sourced stance is on why Peyote.com lists no peyote ceremonies, and the plant's profile is on the peyote substance page.

Five thousand years of evidence

The strongest archaeological evidence comes from two peyote buttons in the Witte Museum in San Antonio, thought to come from Shumla Cave No. 5 on the Rio Grande. In 2005 a Swedish team radiocarbon dated them to 3780 to 3660 BC and found mescaline in both, about 5,700 years after they were cut. (Journal of Ethnopharmacology, Oct 2005) The authors describe them as the oldest plant drug yet to yield a major active compound on chemical analysis, and say the find strengthens the evidence that people in North America knew peyote's effects that long ago. (Journal of Ethnopharmacology, Oct 2005)

The name itself comes from the Aztec word peyotl. (Encyclopedia of Oklahoma History and Culture, current page) Congress, in the findings it wrote into federal law in 1994, recorded that for many Indian people the ceremonial use of peyote "has for centuries been integral to a way of life". (Legal Information Institute (Cornell), current)

The Wixárika and the road to Wirikuta

For the Wixárika (Huichol) people of western Mexico, peyote belongs to a pilgrimage. Mexico's National Institute of Anthropology and History (INAH) describes a ceremonial route followed since ancient times across five states, Nayarit, Jalisco, Zacatecas, Durango and San Luis Potosí, stretching over 500 km. (Instituto Nacional de Antropología e Historia (INAH), Mexico, 2025) It runs from Tatei Jaramara on the Pacific coast, the place of origins, to Wirikuta in San Luis Potosí, where in Wixárika belief the Sun was born. (Instituto Nacional de Antropología e Historia (INAH), Mexico, 2025) On 12 July 2025 UNESCO inscribed the route, with 20 sacred sites along it, as a World Heritage Site. (Instituto Nacional de Antropología e Historia (INAH), Mexico, 2025)

Mexican law treats peyote as a controlled psychotropic: the Ley General de Salud names it, with mescaline, in group I of article 245. (Camara de Diputados del H. Congreso de la Union, 15 Jan 2026) The only carve-out is narrow. Article 195 bis of the Federal Penal Code bars federal prosecution for possessing peyote when the amount and circumstances suggest it is for the ceremonies of Indigenous and Afro-Mexican communities recognised by their own authorities. (Camara de Diputados del H. Congreso de la Union, 13 Mar 2026) It does not authorise supply, and it does not cover ceremonies sold to visitors. (Camara de Diputados del H. Congreso de la Union, 13 Mar 2026)

The Native American Church

North of the border, a new religion built around the ritual use of peyote formed in the 1870s on the reservations of southwestern Indian Territory, now Oklahoma. (Encyclopedia of Oklahoma History and Culture, current page) It drew on earlier ceremonies from northern Mexico and on southern Plains theology, and by 1907 had spread to most Oklahoma tribes. (Encyclopedia of Oklahoma History and Culture, current page) On 10 October 1918 an intertribal coalition incorporated the Native American Church of Oklahoma, giving the religion legal standing. (Encyclopedia of Oklahoma History and Culture, current page) Quanah Parker (Comanche) is the person most closely linked to its early history. (Encyclopedia of Oklahoma History and Culture, current page)

A Native American Church service, or meeting, is usually held in a tipi around a crescent-shaped earth altar. (Encyclopedia of Oklahoma History and Culture, current page) It lasts all night, with a tended fire, rounds of singing, prayer and peyote taken as a sacrament, and is led by an experienced member called a roadman. (Encyclopedia of Oklahoma History and Culture, current page) Meetings are held to pray for the sick, to mark births, marriages, graduations and funerals, or simply to give thanks. (Encyclopedia of Oklahoma History and Culture, current page) Membership estimates run from about 250,000 to 500,000 in North America. (World Religions and Spirituality Project, 8 Oct 2016; Imperial College London, via NEIP, 2019)

Research on the health of members is limited but exists. A 2005 study of 176 Navajo adults found no significant deficits on mental health or neuropsychological tests among 61 Church members who used peyote regularly, compared with people who used few substances. (Biological Psychiatry, 2005) That is one cross-sectional study in a religious setting. It says nothing about peyote taken outside that context.

How US law came to protect the sacrament

Peyote and mescaline are Schedule I controlled substances under federal law. (Legal Information Institute (Cornell), current) Since 1965 a federal regulation has exempted ceremonial use, and today the DEA's rule, 21 CFR 1307.31, says the Schedule I listing "does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church". (Legal Information Institute (Cornell), current; eCFR, current) Anyone supplying peyote to the Church must register each year. (eCFR, current)

State law was patchier, and in 1990 that mattered. Alfred Smith and Galen Black were fired by a private drug rehabilitation organisation for taking peyote at a Native American Church ceremony, and Oregon denied them unemployment benefits. (United States Reports, via Library of Congress, 17 Apr 1990) In Employment Division v. Smith, decided on 17 April 1990, the Supreme Court held that the Free Exercise Clause permits a state to prohibit sacramental peyote use and to deny benefits on that basis. (United States Reports, via Library of Congress, 17 Apr 1990)

Congress answered in 1994. The American Indian Religious Freedom Act Amendments (Public Law 103-344) added 42 U.S.C. 1996a, whose findings cite Smith by name and note that 22 states had no protection for ceremonial use. (Legal Information Institute (Cornell), current) The operative clause reads: "the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State." (Legal Information Institute (Cornell), current) This protection came in 1994, not with the original 1978 Act. (Legal Information Institute (Cornell), current)

Outside the exemption, peyote is treated like any other Schedule I drug: a first offence of simple possession carries up to a year in prison, and distribution up to 20 years. (Legal Information Institute (Cornell), current; Legal Information Institute (Cornell), current) In December 2025 a Justice Department legal opinion on education programmes quoted a 1981 view that a peyote exemption would not rest on the political status of Indians; some Native leaders read it as a threat, but an opinion does not amend the statute. (US Department of Justice, Office of Legal Counsel, 2 Dec 2025; Buffalo's Fire, 20 Feb 2026)

A plant under pressure

The IUCN Red List assesses peyote as Vulnerable. (IUCN Red List, 2017) NatureServe, in its 2020 review, estimates a short-term decline of 10 to 30 percent, records total population size as unknown, and names habitat loss and overcollection as threats. (NatureServe, 7 Oct 2020) In south Texas the thornscrub where peyote grows has been reduced to an estimated 2 percent of its original area. (NatureServe, 7 Oct 2020)

The plant's biology makes harvest pressure hard to absorb. Peyote can take up to 10 years to mature from seed, and the botanist Martin Terry describes a large plant destroyed by a harvester as one that "took 20-30 years to mature". (Imperial College London, via NEIP, 2019; Cactus Conservation Institute, 2014) The Cactus Conservation Institute reports annual Texas harvests approaching 2,000,000 buttons, often from the same ground every two years. (Cactus Conservation Institute, current page; Cactus Conservation Institute, 2014) Legal supply to the Church comes from South Texas, and in August 2025 Texas Standard counted only four active licences to harvest and distribute it. (Texas Standard, 13 Nov 2018; Texas Standard, 21 Aug 2025) Church members have described a shrinking supply. (Texas Standard, 21 Aug 2025)

The 2020 request, and why we list no ceremonies

As psychedelic decriminalisation spread through US cities, the Church's own leaders spoke up. On 12 March 2020 the National Council of Native American Churches and the Indigenous Peyote Conservation Initiative asked that campaigners "NOT include the word 'peyote' in any local decriminalization resolutions, initiatives, or efforts, put before governing bodies." (Psymposia, 16 Mar 2020) Colorado wrote that line into statute: its natural medicine law says mescaline "does not include peyote". (Colorado General Assembly, 23 May 2023)

We take the request at its word. Peyote.com lists no peyote ceremonies or retreats anywhere, and does not describe where peyote can be obtained. The reasons, each with its source, are on our peyote position page: a Vulnerable plant, a sacrament with its own law, and a clear request from the people whose religion it is.

Where we point interest in mescaline

Mescaline is also the main alkaloid of the Andean San Pedro cactus, and we point readers there, to cultivated plants only. San Pedro carries its own conservation question. On 1 December 2023 the Huachuma Collective, curanderos of northern Peru, called on practitioners worldwide "to stop using wild San Pedro and instead start cultivating the plant en masse from cuttings and seeds." (Huachuma Collective, 1 Dec 2023) Read the San Pedro (huachuma) profile for what is known about it, and check legal status by country before anything else: mescaline itself is controlled in most places, including under Mexico's health law. (Camara de Diputados del H. Congreso de la Union, 15 Jan 2026)

Respect here is practical. It means not seeking peyote, not buying it, and supporting the Indigenous-led conservation work the position page links to.

Related

Questions and answers

How long have people used peyote?
At least about 5,700 years. Two peyote buttons thought to come from Shumla Cave No. 5 on the Rio Grande in Texas were radiocarbon dated in 2005 to 3780 to 3660 BC, and chemical analysis still found mescaline in both. The authors say this strengthens the evidence that people in North America knew peyote's effects that long ago.Source: Journal of Ethnopharmacology, Oct 2005Our position on peyote
Is peyote legal for members of the Native American Church?
Peyote is Schedule I under US federal law, but 42 U.S.C. 1996a, added in 1994, makes use, possession or transport of peyote by an Indian for bona fide traditional ceremonial purposes lawful, and the DEA's rule 21 CFR 1307.31 exempts the Church's ceremonies. Whether a particular person or ceremony qualifies is a legal question for a lawyer.Sources: Legal Information Institute (Cornell), current; Legal Information Institute (Cornell), current; eCFR, current
What was Employment Division v. Smith?
A 1990 Supreme Court case. Two men fired for taking peyote at a Native American Church ceremony were denied unemployment benefits by Oregon. The Court held on 17 April 1990 that the Free Exercise Clause lets a state ban sacramental peyote use and deny benefits for it. Congress responded in 1994 with 42 U.S.C. 1996a, which cites the case in its findings.Sources: United States Reports, via Library of Congress, 17 Apr 1990; Legal Information Institute (Cornell), current
Is peyote endangered?
The IUCN Red List assesses wild peyote as Vulnerable. NatureServe estimates a short-term decline of 10 to 30 percent, cites habitat loss and overcollection, and records the total population size as unknown. A plant can take up to 10 years to mature from seed, and Texas harvests approach 2,000,000 buttons a year.Sources: IUCN Red List, 2017; NatureServe, 7 Oct 2020; Imperial College London, via NEIP, 2019; Cactus Conservation Institute, current pageWhy we list no peyote ceremonies

Sources

  1. Prehistoric peyote use: alkaloid analysis and radiocarbon dating of archaeological specimens of Lophophora from Texas (El-Seedi et al.). Journal of Ethnopharmacology, Oct 2005
  2. Ruta Wixárika por los sitios sagrados hasta Wirikuta (Tatehuarí Huajuyé). Instituto Nacional de Antropología e Historia (INAH), Mexico, 2025
  3. 21 U.S. Code 812 - Schedules of controlled substances. Legal Information Institute (Cornell), current
  4. 42 U.S. Code 1996a - Traditional Indian religious use of peyote. Legal Information Institute (Cornell), current
  5. Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990). United States Reports, via Library of Congress, 17 Apr 1990
  6. Lophophora williamsii (Terry, M.), IUCN Red List of Threatened Species 2017. IUCN Red List, 2017
  7. Native American Churches Request that Peyote Not Be Included in Decriminalization Initiatives (Russell Hausfeld). Psymposia, 16 Mar 2020
  8. Native American Church (Daniel C. Swan). Encyclopedia of Oklahoma History and Culture, current page
  9. Ley General de Salud (texto vigente, ultima reforma DOF 15-01-2026). Camara de Diputados del H. Congreso de la Union, 15 Jan 2026
  10. Codigo Penal Federal (texto vigente, ultima reforma DOF 13-03-2026). Camara de Diputados del H. Congreso de la Union, 13 Mar 2026
  11. Native American Church (Timothy Miller). World Religions and Spirituality Project, 8 Oct 2016
  12. Survey of Lophophora williamsii in the USA and peyote harvesting (Anna Ermakova, Imperial College London thesis). Imperial College London, via NEIP, 2019
  13. Psychological and cognitive effects of long-term peyote use among Native Americans. Biological Psychiatry, 2005
  14. 21 CFR 1307.31 - Native American Church. eCFR, current
  15. 21 U.S. Code 841 - Prohibited acts A. Legal Information Institute (Cornell), current
  16. 21 U.S. Code 844 - Penalties for simple possession. Legal Information Institute (Cornell), current
  17. Constitutionality of Race-Based Department of Education Programs (slip opinion). US Department of Justice, Office of Legal Counsel, 2 Dec 2025
  18. DOJ opinion sparks new debate about legal protections for peyote (Darren Thompson). Buffalo's Fire, 20 Feb 2026
  19. Lophophora williamsii, NatureServe Explorer (rank reviewed 7 Oct 2020). NatureServe, 7 Oct 2020
  20. Martin Terry, talk notes (Toluca, 2014). Cactus Conservation Institute, 2014
  21. Lophophora research. Cactus Conservation Institute, current page
  22. In The Only State Where Selling Peyote Is Legal, The Cactus Is Threatened And Still Controversial. Texas Standard, 13 Nov 2018
  23. Native American Church faces declining peyote supply in Texas. Texas Standard, 21 Aug 2025
  24. Senate Bill 23-290 (signed act). Colorado General Assembly, 23 May 2023
  25. Collective Statement from the Curanderos and Curanderas of North Peru on the State of Conservation of the San Pedro Cactus (English PDF). Huachuma Collective, 1 Dec 2023

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