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Q: Is the cactus Lophophora diffusa - a relative of peyote, legal in the United States?

A: Lophophora diffusa is not specifically listed as illegal in the U.S. The U.S. federal law lists both Mescaline and "Peyote: Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire". While L diffusa could be referred to as "Peyote" by some, the law is pretty specific in naming the genus/species of the plant they are referring to.



If a specific variety of L. diffusa is mescaline containing, that would give it the same legal status as San Pedro (T. pachanoi) and Peruvianus (T. peruvianus) cacti. Both of these are sold by a wide variety of mainstream nurseries.



The primary issues is whether or not you plan to cut it up and prepare it for ingestion. If this were to happen, you would be open for prosecution, regardless of what the cactus is. It should be noted, however, that there are few if any prosecutions of those ingesting not-specifically-scheduled cacti such as San Pedro or L. diffusa.



Asked By : Loc
Answered By : fire
Published Date : 1 / 6 / 2001
Last Edited Date : 1 / 6 / 2001
Question ID : 1107

Categories: [ Peyote ] [ Law ]



Ask Erowid v1.7 - Jul, 2005

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