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Legality · Peyote

Is Peyote legal in Barbados?

Confirmed against a primary sourceVerified September 21, 2026
Legal status
Under the Drug Abuse (Prevention and Control) Act, Cap. 131, enacted as Act 1990-14 and commenced 15 August 1990, read in the L.R.O. 1991 revised edition, the entry that places it is in Part II of the First Schedule, the «list OF psychotropic substances under control». The cactus is not named anywhere in the First Schedule. Its active phenethylamine is, in the trivial name column of Part II against the chemical name «3,4,5-trimethoxy-phenethylamine», so the plant is reached only through its constituent and only once that constituent is identified. The contrast is deliberate and it is visible on the face of the Schedule. Part I names plant material directly where Parliament wanted it, at «coca leaf», at «poppy-straw and concentrate OF poppy-straw» and at the cannabis entry. No botanical name appears in Part II at all, so a Part II placement is a placement of a molecule. Part II extends only three ways, to any stereoisomeric form, to any salt, and to any preparation or other product. It carries no ester or ether limb, which Part I does, so a compound related to a Part II entry by esterification is outside the list although the same relationship inside Part I would be caught. Section 3 makes a substance a controlled drug only by its presence in the First Schedule, and section 3(2) lets the Minister by order add to or remove from Parts I to III of that Schedule, after consultation with the Drug Formulary Committee under section 3(3) and subject to affirmative resolution under section 3(4). The edition read is the L.R.O. 1991 consolidation served by the Barbados law courts statute portal. No amending order or later revision was located on that portal, so anything made after that revision has not been read and is not asserted here.
Consequences if caught
Capital exposure: none. The Fourth Schedule, given effect by section 37, sets the punishment for every offence under the Act, and it was read row by row from the section 4(3) row to the section 35(3) row, which is its last. Not one row carries death. The heaviest punishment it prints anywhere is «Imprisonment for life» on indictment. There is nothing for column 2 of the Second Schedule to measure, because the cactus is not a controlled drug and the constituent has no figure set against it. A prosecution therefore rests on proving the constituent and then on the section 18(1) conduct limbs. Section 18(1) defines trafficking as importing, exporting, supplying or possessing a trafficable quantity, and the section 18(4) row of the Fourth Schedule punishes it summarily with «A fine of $250,000 or where there is evidence of the street value of the controlled drug three times the street value of the controlled drug, whichever is greater; and to imprisonment for 7 years», and on indictment with «Imprisonment for life». Simple possession under section 6(2) draws a fine of $250,000 or 5 years or both summarily, and $500,000 or 20 years or both on indictment, the same figures the section 6(3) possession with intent row carries. Section 21 adds its own tier for possession within a radius of one hundred yards of school premises, punished summarily by «A fine of $250,000 and imprisonment for 7 years» and on indictment by imprisonment for life. Barbados retains capital punishment for murder in its general criminal law. This Act is not part of that and provides no death penalty for any drug offence, which is why the opening sentence reads as it does.
If prescribed or medical
Section 6(1) makes possession of a controlled drug unlawful unless regulations under section 12 permit it, and section 12(3) requires the Minister to secure that a practitioner acting as such may prescribe, administer, compound or supply, and that a practitioner or pharmacist may possess for that purpose. The Act defines «doctor» as a medical practitioner registered in the Medical Register under the Medical Registration Act, Cap. 371, and «dentist» and «veterinary practitioner» by the equivalent Barbados registers, so the lawful route runs through a Barbados registration and not through a foreign one. Importation is a separate question under section 4(1), which an arriving traveller engages on their own account. The constituent is a Part II psychotropic substance with no therapeutic use recognised in the Act, and no religious or ceremonial exception appears anywhere in the Act as read.
Documentation
Carry the medicine in its original dispensing packaging with the prescription and a letter from the prescriber naming the patient, the active ingredient, the strength, the daily dose and the length of treatment, and settle the import question with the Barbados authorities before travelling rather than at the airport. Ask specifically whether the section 12 regulations permit a visitor to bring the drug in at all, because section 4(1) makes importation unlawful in its own right and a prescription answers the possession question rather than the import one. The absence of any botanical name in Part II was confirmed by reading Part II end to end, and the three plant material entries in Part I were read for the contrast. Read on 20 September 2026 from the PDF of the Act itself. The edition read is the L.R.O. 1991 consolidation served by the Barbados law courts statute portal. No amending order or later revision was located on that portal, so anything made after that revision has not been read and is not asserted here.
Primary sources
  • Barbados, Drug Abuse (Prevention and Control) Act, Cap. 131, Act 1990-14, L.R.O. 1991 revised edition
  • the passage relied on for this cell is Part II of the First Schedule at the row whose chemical name column reads «3,4,5-trimethoxy-phenethylamine», the cactus itself being named nowhere in the Schedule, with section 3 for the definition of a controlled drug, the Second Schedule for trafficable quantities and the Fourth Schedule for the punishments. This source is document level and not per substance. The Act has no per substance landing page and the whole cell rests on one PDF of the consolidated Act, read at https://www.barbadoslawcourts.gov.bb/assets/content/pdfs/statutes/DrugAbuse(PreventionandControl)CAP131.pdf, which is a primary Barbados government source served by the Barbados law courts statute portal and returned 200 with 1,881,169 bytes of application/pdf on 20 September 2026. The dossier this cell was built against carried a different filename for the same document, without the parentheses, and that address returns 404, so the working address is given here instead. The PDF is a scan of the printed revised edition and is reproduced here only so far as verification requires
  • where a headword is damaged in the scan this cell says so rather than repairing it. Read as at 20 September 2026.

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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