Preserving the Sacred Medicine: Why Peyote Should Be Excluded from Entheogenic Plant Decriminalization Efforts

14 Pages Posted: 1 Jul 2024

See all articles by Sophia Palumbo

Sophia Palumbo

Ohio State University (OSU), Michael E. Moritz College of Law

Date Written: June 28, 2024

Abstract

The small peyote cactus, which grows among the deserts of northern Mexico and in the Rio Grande area, may seem small and unassuming, but is currently the center of a massive debate involving the decriminalization of entheogenic plants and fungi. Peyote and its psychedelic chemical component, mescaline, is a non-habit-forming psychedelic substance which creates profound experiences and is linked to the treatment of certain mental health disorders, such as alcohol and drug abuse, depression, anxiety, and more. This places it among the list of “illicit” entheogenic plants and psychedelic substances which are currently being researched and tested for therapeutic purposes. There are also efforts around the country to decriminalize these plants, making them more accessible for research and treatment purposes. However, the Native American Church, which has used peyote ceremoniously for thousands of years, is starkly opposed to including peyote among the list of plants to be decriminalized and argues that the plant should remain federally illegal with existing exemptions in place for use by the Native American Church. For the Native American peyote tribes which use peyote spiritually, the plant is seen as a sacred medicine. Further, unsustainable land use and agricultural practices and harvesting of the plant for non-native recreational purposes have caused significant overharvesting and depletion of naturally growing peyote populations. Because of the plant’s sacredness to Native American peyote tribes and the need for conservation of the plant, peyote should be excluded from decriminalization efforts, and should remain accessible only to Native American tribes which use it ceremoniously.

Keywords: psychedelics, psychedelic decriminalization, entheogenic plants, peyote, peyotism, peyote conservation, Native American Church, mescaline

Suggested Citation

Palumbo, Sophia, Preserving the Sacred Medicine: Why Peyote Should Be Excluded from Entheogenic Plant Decriminalization Efforts (June 28, 2024). Ohio State Legal Studies Research Paper No. 862, Available at SSRN: https://ssrn.com/abstract=4879787 or http://dx.doi.org/10.2139/ssrn.4879787

Sophia Palumbo (Contact Author)

Ohio State University (OSU), Michael E. Moritz College of Law ( email )

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