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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
mescaline; possession; sale; commercial use
Purpose
Prohibits knowingly harvesting, processing or making mescaline available for commercial use or research, regardless of industry, classifies violations as a class 4 felony and establishes a defense to prosecution for bona fide religious use that is integral to a religious exercise and not dangerous to public health, safety or morals.
Background
Mescaline is a hallucinogenic substance and the psychoactive component of the peyote cactus. Abuse of peyote or mescaline can cause illusions, hallucinations, altered perception of space and time and altered body image. Federal law classifies mescaline and peyote as Schedule I substances, indicating a high potential for abuse and no currently accepted medical use (DEA).
Possession, sale or transfer of peyote, which contains mescaline, is classified as a class 6 felony. Statute includes mescaline in the definition of a dangerous drug for purposes of criminal drug offenses but provides a defense to criminal prosecution if peyote is used or intended for use in connection with bona fide religious beliefs and practices and does not pose a danger to public health, safety or morals (A.R.S. §§ 13-3401 and 13-3402).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from knowingly harvesting, processing or making available mescaline for commercial use or research, regardless of the industry.
2. Provides a defense to prosecution if mescaline is used or intended for use in connection with the bona fide practice of a religious belief, as an integral part of a religious exercise and in a manner not dangerous to public health, safety or morals.
3. Classifies knowingly harvesting, processing or making available mescaline for commercial use or research as a class 4 felony.
4. Defines commercial use as any use of or transaction involving intellectual property, goods, services or property and the use or transaction is intended for financial gain, profit or business-related purposes.
5. Defines research as including investigating, studying or experimenting for medical and pharmaceutical applications or uses.
6. Defines mescaline.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
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