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Legality · Peyote

Is Peyote legal in Mexico?

Confirmed against a primary sourceVerified July 14, 2026
Legal status
Peyote (Lophophora williamsii) is NOT listed in the drug schedules of the Ley General de Salud (its alkaloid mescaline is the scheduled substance under Art. 245); instead the cactus is a protected species under NOM-059-SEMARNAT-2010, and its traditional sacred use by the Wixárika (Huichol) and other indigenous peoples is protected — the classic religious carve-out.
Consequences if caught
Unauthorised collection, possession or sale of wild peyote is prosecuted as an environmental crime under Article 420, fraction IV of the Federal Criminal Code; indigenous ceremonial use is protected and not treated as trafficking.
If prescribed or medical
Mescaline is a controlled psychotropic without ordinary medical use; peyote is managed as protected flora rather than a prescription medicine.
Documentation
Peyote is excluded from Ley General de Salud Art. 245 drug lists but protected under NOM-059-SEMARNAT-2010; PROFEPA prosecutes unauthorised peyote possession/sale under Federal Criminal Code Art. 420-IV while recognising Wixárika traditional use.
Primary source