Law tracker
Mescaline and peyote: the law in the United States
What federal law says about mescaline and peyote, and what individual states have done, from the statutes, bills and official pages cited on each line. Checked 26 Oct 2026. Not legal advice.
Peyote.com lists no peyote ceremonies anywhere, for conservation and Indigenous sovereignty reasons that have nothing to do with legality. Why.
Federal law
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- 42 U.S.C. 1996a, added by the American Indian Religious Freedom Act Amendments of 1994 (Public Law 103-344), not by the 1978 Act: "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) reproducing the U.S. Code, current)
- 21 CFR 1307.31: the Schedule I listing of peyote "does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church"; anyone who supplies peyote to the Church must register annually. (eCFR, current)
States that have acted
Colorado
- 'Natural medicine' means psilocybin and psilocyn. DMT and mescaline may be added only if the advisory board recommends it and regulators approve, on or after 1 June 2026. Ibogaine may be added by the same process (C.R.S. 12-170-104(12) and 44-50-103). (Colorado General Assembly, 23 May 2023)
- Peyote is excluded by statute: "'Mescaline' does not include peyote, meaning all parts of the plant classified botanically as Lophophora williamsii Lemaire, whether growing or not; its seeds; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts." (C.R.S. 12-170-104 and 44-50-103, as enacted by SB23-290). (Colorado General Assembly, 23 May 2023)
- Psilocybin, psilocyn, DMT, mescaline, peyote and ibogaine are all Schedule I under 21 USC 812. (Legal Information Institute (Cornell) reproducing the U.S. Code, current text)
District of Columbia
- The law directs the Metropolitan Police Department to make investigation and arrest of persons 18 or older for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing or using entheogenic plants and fungi among its lowest law-enforcement priorities, and covers plants and fungi containing ibogaine, DMT, mescaline, psilocybin or psilocyn. (Council of the District of Columbia, 16 Mar 2021; Council of the District of Columbia, current page)
Maryland
- Chapters 792 and 793 of 2024 (HB 548 / SB 1009) created the Task Force on Responsible Use of Natural Psychedelic Substances to study psilocybin, DMT and mescaline and recommend an access program. (Maryland General Assembly, 16 May 2024; Maryland Manual On-Line, Maryland State Archives, current page)
- The task force issued an interim report in July 2025 and a report in October 2025; reporting in November 2025 said it recommended legalizing psilocybin, DMT and mescaline in phases, which would require new legislation. (Maryland Manual On-Line, Maryland State Archives, current page; WYPR, 7 Nov 2025)
Massachusetts
- Question 4 (2024), which would have legalized personal and supervised use of psilocybin, psilocyn, DMT, ibogaine and mescaline, failed on 5 November 2024 with about 57% voting no. (NBC Boston, 6 Nov 2024)
Michigan
- Michigan law singles out psilocybin and psilocyn (with LSD, peyote, mescaline and DMT) for a lower possession penalty than other Schedule 1 drugs: a misdemeanor rather than a felony. (Michigan Legislature, current page)
State bills that name mescaline and peyote
| State | Bill | What it would do | Status |
|---|---|---|---|
| Arizona | SB 17522026 (57th Legislature, 2nd Regular) | mescaline; possession; sale; commercial useWould have regulated possession, sale and commercial use of mescaline. | Passed Senate; held in House; not enacted (Arizona State Legislature, 2026) |
| California | SB 582023-2024 | Controlled substances: decriminalization of certain hallucinogenic substancesWould have decriminalized personal possession of psilocybin, psilocyn, DMT and mescaline (excluding peyote) for adults. | Vetoed 7 October 2023; veto sustained 25 January 2024 (California Legislative Information, 25 Jan 2024) |
Law changes, US and abroad
- Mexico, 1 Apr 2024: Article 195 bis fraction II of the Federal Penal Code was reformed. The text in force bars federal prosecution for possession of peyote or hallucinogenic mushrooms for the ceremonies of Indigenous and Afro-Mexican communities recognised by their own authorities. It does not authorise supply or retreats for visitors. (Camara de Diputados del H. Congreso de la Union, 13 Mar 2026)
- Colorado, 23 May 2023: SB23-290 (Natural Medicine Regulation and Legalization) was signed. It sets up licensing of facilitators (Department of Regulatory Agencies) and natural medicine businesses (Department of Revenue), limits 'natural medicine' to psilocybin and psilocyn unless regulators add DMT, mescaline or ibogaine on or after 1 June 2026, and expressly excludes peyote. (Colorado General Assembly, 23 May 2023; Colorado General Assembly, 23 May 2023)
Outside the United States
- Mexico, Peyote: Ley General de Salud art. 245 group I lists mescaline, naming peyote (Lophophora williamsii). source