Arizona Peyote Laws
In the state of Arizona when you are found in possession of drugs, it is a serious offense. The severity of the offense often depends on the kind, the quantity, the intentions, and the number of prior convictions you have on record.
However, Arizona has a long history of protecting the rights of Native Americans to utilize peyote for spiritual and medicinal reasons. In 1993, the Peyote Way Church of God was officially recognized as a religion in Arizona. This allowed members of the Peyote Way Church—as well as members of any other faith holding peyote as sacred—to legally possess and use peyote for religious purposes.
Despite its legal status for religious use, recreational use or sale of peyote is still illegal in the state of Arizona. Those operating against the law may face severe punishment including up to two years in jail and fines up to $10,000. As such, it is essential that Arizona residents fully understand their local laws and regulations regarding the possession and distribution of peyote.
The Arizona Criminal Code (Ariz. Rev. Stat. § 13-3402) states that knowingly possessing, selling, transferring, or offering to sell or transfer peyote is a class 6 felony. This law is in place to protect citizens and ensure that peyote – a naturally occurring psychedelic cactus – is not abused or used for recreational purposes. The possession of narcotics such as peyote without a prescription is a serious offense with potentially serious consequences. Anyone found engaging in this behavior can expect to face severe penalties, up to but not limited to fines, jail time, and the revocation of various rights.
What Is Peyote?
Peyote is a unique cactus that has been used both medicinally and religiously among people of indigenous ethnicity. Native Americans believed that the use of peyote in religious ceremonies connected people with God.
The truth of the matter is that peyote is a cactus that is slowly becoming endangered due to a decrease in its population. It is the alkaloids located within the cactus that give off the psychoactive effect. It was this effect that caused the government to become worried about the usage of peyote and move to have it considered illegal.
When the alkaloids are dried and turned into a powder it is called mescaline sulfate, which is the purest form of mescaline and provides the maximum effect of the peyote. This is the raw form of peyote that has the largest potential of becoming addictive.
The reason that peyote is illegal is because it is categorized as a hallucinogen. Because of the hallucinogenic qualities it can be grouped together with drugs like LSD. Even though the composition of peyote also includes a stimulant, the reaction to it is the same. The heightened sense of being outside of reality and seeing things with brighter colors and other heightened senses.
Is Peyote Legal?
The legality of peyote is a complex question that has been the subject of much debate. Peyote, a psychoactive cactus native to North America, has drawn attention for its potential medicinal value and detrimental effects on users. On one hand, it is classified by the US government as a Schedule 1 drug – meaning it has no accepted medical use in the US – and possession of peyote outside the context of religious practice can result in significant legal penalties. On the other hand, peyote has long been used as part of Native American religious rituals, leading 32 US states to afford special exemption from criminal prosecution to practitioners of the Native American Church.
Ultimately, the legality of peyote depends on individual circumstances — including where you live and how you plan to consume the substance. It is important to keep in mind that law enforcement authorities take alleged violations of peyote laws very seriously, and those found guilty could face severe fines or even jail time if convicted. Therefore, it is wise to actively consult with a knowledgeable lawyer before engaging in any activities surrounding the drug.
Arizona Drug Penalties
Arizona has strict laws against drug possession and they have broken these drugs down into six different categories: peyote, substances emitting toxic vapors, marijuana, prescription drugs, narcotics, and the classification of dangerous drugs.
The convictions for possessing drugs in Arizona can range anywhere from a class 1 misdemeanor to a class 4 felony unless you are considered a habitual offender or the arrest takes place near a school, then it could be a higher charge.
Besides risking your freedom with prison time if you are caught, you are also looking at being out an extremely large chunk of change depending on what you are caught with. Without prior convictions against you, if you are caught with drugs in your possession, you could be looking at up to 3.75 years in prison and $150,000 in fines. Keep in mind this is only if this is your first offense. Habitual offenses and if you are caught near a school can bring you even more time incarcerated and fines.
Peyote-specific possession charges begin with a class 6 felony. This charge can be raised to a higher felony if there are prior drug convictions on your record. The prison time for a class 6 felony peyote possession charge is four months to two years. The fines can be in excess of $150,000.
Peyote Defense
A lawyer who specializes in drug crimes is the best option when looking for legal representation if you find yourself facing a charge of peyote possession. Your lawyer can argue that there was a valid reason for the possession or build a case on other determining factors. In either scenario, obtaining legal representation when arrested on a drug charge is your only chance at reducing the sentence or getting the charges dropped.
