In Canada, Germany and New Zealand, psychoactive cacti are all legal to possess as ornamental plants. Mescaline and prepared psychoactive cacti remain illegal. Related: Where Are Mushrooms Legal in the United States?  Natural standard. (2011). Peyote. Excerpt from www.healthprioritiesinc.com/ns/DisplayMonograph.asp?StoreID=c8ad0990cf0d44a5bac9118cf4159a55&DocID=bottomline-peyote. Peyote grows exceptionally slowly – it takes up to 15 years to reach maturity. The average user needs multiple peyote cactus buds for a single dose. An experienced peyote user can take up to 15 or 20 pimples at a time. Fortunately, San Pedro`s wild populations seem to survive this increased demand, unlike other natural medicines (e.g. peyote, kambo) – perhaps because it grows back so quickly when cut.
 However, overexploitation in some areas of “psychedelic tourism” could become unsustainable in the long term, especially if there is no peyote.    Apart from this argument, there is another reason why a mescaline containing a cactus other than peyote could be said to be not controlled by the state. And this reason is whether the listing of “mescaline” in Appendix I includes organic mescaline contained in a cactus. Ass`n v. DEA, 333 F.3d 1082 (9th Cir. 2003) (“Hanf I”) and Hanf Indus. Ass`n. v. DEA, 357 F.3d 1012 (9th Cir. 2004) (“Hemp II”), this is not the case.
In October 2021, the Seattle City Council passed a resolution to decriminalize non-commercial activities around mescaline not derived from peyote.  The Controlled Substances Act, which replaced the 1970 amendments and consolidated the federal Drug Act under one roof, classifies peyote as a Schedule I drug. But according to an order issued shortly after the CSA was enacted, 21 C.F.R. § 1307.31, List I of “peyote” contains no ceremonial use: Following changes made by the Santa Cruz City Council, the advocacy group Decriminalize Santa Cruz (DSC), which supported the passage of the original resolution that included peyote, wrote a letter of apology to practitioners and members of the Native American Church. and the Aboriginal community. DSC apologizes for our lack of cultural sensitivity around the peyote cactus (Lophophora williamsii) and the rejection of Indigenous consultations in the decriminalization of entheogenic plants and fungi,” the group said. “We recognize that the inclusion of peyote cacti in our resolution is dangerous because it may contribute to the ongoing crisis in South Texas` sacred gardens for generations to come.” In addition, the Wixárika Regional Council for the Defence of Wirikuta – the sacred desert land where peyote is harvested during annual pilgrimages – has stated that the decriminalisation of nature does not represent their interests. In Andean countries (e.g. Peru, Ecuador, Bolivia, etc.), San Pedro is generally legal, including as a psychedelic.  Second, to tie the trial together, reading “mescaline” to include organic mescaline would eliminate the long-standing peyote exception.
Keeper Trout, an independent scientist, author and archivist who studies psychoactive plants and their therapeutic uses, says San Pedro is not completely illegal in the United States. is because the predominant variant of San Pedro in North America is really low in mescaline and is therefore not considered a problematic substance. The National Council of Native American Churches (NCNAC) and the Indigenous Peyote Conservation Initiative (IPCI) oppose the decriminalization of the psychoactive substance found in a small cactus without a backbone. In a 2020 statement shared by the Chacruna Institute of Psychedelic Plant Medicines, the two groups said their concern was that “the message presented in decriminalization resolutions can convey a false sense of legality.”  Meyer, S. (2011, May 24). Should I use peyote when I am pregnant or breastfeeding? Excerpt from nativemothering.com/2011/05/should-i-use-peyote-if-i-am-pregnant-or-breastfeeding/. San Pedro and Peruvian torch cacti are not in danger Why are they not included in the plant teacher bill? And locally grown peyote, why isn`t it a protected religious rite? Europe has been growing peyote since the early 1900s. Is culture a way out of the problem of nature conservation? Very confusing why the natives can slaughter old cacti at untenable rates, but a true faith can not grow a cactus sacrament in its age/garden? But remember, while it`s legal to grow San Pedro cactus, it`s not legal to extract mescaline from the plant. The situation is similar in Australia, New Zealand, Britain and Germany, as well as in many other European countries – with the exception of Switzerland, which explicitly bans San Pedro and the Peruvian torch.
 In Canada, where peyote (and peyote only) is explicitly exempted from the mescaline ban, prosecutors may need to provide even stronger evidence of intent than elsewhere.  This short paper briefly discusses the problem of mescaline-containing cacti and argues that mescaline other than peyote containing cacti may not be planned. Same caution: no legal advice. San Pedro is widely used in the West, but it is often technically illegal for consumption (see legality for details). Those who prefer to experience the plant in its natural habitat can participate in an increasing number of ceremonies and retreats in South America.  AlbertKLloyd. (January 13, 2014). Correction of San Pedro myths (work in progress) [online forum comment]. Message to www.dmt-nexus.me/forum/default.aspx?g=posts&t=52630. Four years later, Alan Birnbaum founded the Native American Church of New York, an organization not affiliated with the Native American Church. The New York Church belief included that all psychedelic drugs, including peyote, are deities.
Birnbaum then asked the DEA to exempt the use of all psychedelic drugs in religious ceremonies at all churches. The DEA rejected Birnbaum`s petition, prompting the Native American Church of New York to sue. In the United States, peyote and San Pedro are allowed for religious purposes by Native Americans. Some parts of the U.S. have recently taken steps to decriminalize natural psychedelics. Around the same time as Birnbaum`s campaign, the DEA contacted the Office of Legal Counsel to investigate three issues arising from the peyote exception: (1) what is its scope; (2) Is it constitutional? and (3) the DEA could constitutionally exempt only Native American peyotists to the exclusion of other religious users of the drug.