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The Peyote Exemption
JULY 17, 2000

The Peyote Exemption is listed under Title 21 (Food and Drugs) of the Code of Federal Regulations, Section 1307.31.

Members of the Native American Church don't have to register with the Drug Enforcement Administration but anyone who manufactures or distributes peyote for the Church must register annually.

Title 21 Section 1308.11, also known as Schedule I, lists peyote as a Controlled Substance.

TITLE 21-FOOD AND DRUGS
ADMINISTRATION, DEPARTMENT OF JUSTICE
PART 1307--MISCELLANEOUS--Table of Contents

Sec. 1307.31 Native American Church.

The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law.

Also See 36 Federal Register 7801, Apr. 24, 1971, unless otherwise noted. Redesignated at 38 Federal Register 26609, Sept. 24, 1973.

TITLE 21-FOOD AND DRUGS
ADMINISTRATION, DEPARTMENT OF JUSTICE
PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES--Table of Contents

Sec. 1308.11 Schedule I.

(22) Peyote...................................................... 7415
Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12))

Related Story:
Peyote raid raises questions (Tribal Law 7/17)

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