Mescaline is a hallucinogen derived from the peyote cactus. A Bob Dylan song refers to mescaline as“Texas medicine.” The handful of peyoteros who are licensed to harvest and sell peyote in Texas often refer to it as medicine, but it is more commonly used as a sacrament by members of the Native American Church. The use of peyote for bona fide religious purposes by the Native American Church is legal under federal and state law.

Peyote is listed in Schedule I of the Texas Controlled Substances Schedules unless it is “unharvested and growing in its natural state.” Mescaline is also listed as a Schedule I drug.

Enforcement

The federal Drug Enforcement Administration contends that peyote and mescaline have a high potential for abuse. Scientific research suggests that the DEA’s concerns are overstated. A Houston Press article on peyote reported that there is “little evidence for any adverse long-term effects on physical health and virtually no evidence that it is addictive.”

Peyote grows naturally in South Texas. Most harvested peyote is grown on privately owned land. Demand for the plant by the membership of the Native American Church has produced a peyote shortage that has been exacerbated by careless harvesting techniques. Some botanists regard peyote as an endangered species in Texas.

Peyote and mescaline are used recreationally to create an altered state of consciousness, euphoria, and visual hallucinations. Peyote buttons can be chewed or boiled in water to produce an intoxicating (and often nauseating) tea.

Penalties

The manufacture, sale, and possession of mescaline is illegal in Texas. The harvesting, sale, and possession of peyote is illegal unless it is done by a person licensed to harvest or sell it or unless it is possessed in connection with a actual religious ceremony by a member of the Native American Church.

Mescaline is listed in Penalty Group 2 of the Texas Controlled Substances Act. Consult our Penalty Group 2 article to learn about the penalties that apply to delivery, possession with intent to deliver, manufacturing, or possession of mescaline.

Peyote that has been harvested is listed in Penalty Group 3 of the Texas Controlled Substances Act. Consult our Penalty Group 3 article to learn about the penalties that apply to the illicit delivery, possession with intent to deliver, manufacturing, or possession of peyote.

Contact a Drug Lawyer Today

Defenses are available if you are charged with a Texas crime involving mescaline or peyote. To discuss your case with an experienced Lubbock drug attorney, call Hamilton, Hull & Byrd as soon as possible.