In 1970, mescaline and Peyote were scheduled as part of the Comprehensive Drug Abuse Prevention and Control Act ( Public Law 91-513 ). The penalties for possession, manufacture or distribution as established by this act are: " a term of imprisonment of not more than 15 years, a fine of not more than $25,000, or both." Title 21 includes " all parts of the plant presently classified as Lophophora williamsii (Peyote), whether growing or not, the seeds thereof, any extract from any part of such plant, every compound, salt, derivative, mixture or preparation of such plant, its seeds or extracts."

In a minor breakthrough for liberty, the United States Supreme Court remanded responsibility of Peyote use back to the States on May 27th, 1988. ( Smith vs. Dept. Of Human Resources of Oregon )

This scheduling does not apply to any other Cactus, regardless of alkaloid content, as long as they are grown for ornamental purposes only. Processing any mescaline containing Cactus with the intent of concentrating the alkaloids, or to be consumed, is a violation of Law. The processing of non-mescaline containing Cacti is still not illegal. It is possible that a person may be arrested for consuming a non-mescaline containing Cactus under the un-Constitutionally vague " Designer Drug Law " of October, 1985.

The Federal ban on the use and possession of Peyote has a special exception for the "non-drug use of Peyote in bona fide religious ceremonies of the Native American Church.

States which allow the bona fide religious use of Peyote to all persons are: Alaska, Arizona, Colorado, New Mexico, Nevada, Oregon.

States that allow only Indian members of the Native American Church to use Peyote are: Idaho, Iowa, Kansas, Minnesota, Oklahoma, South Dakota, Texas, Wisconsin, Wyoming. Hopefully the racist and discriminatory laws of these States will change, allowing non-natives to worship as equals.