Official Summary Text
SB1752 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1752
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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Current Bill Text
Read the full stored bill text
SB1752 - 572R - S Ver
Senate Engrossed
mescaline;
possession; sale; commercial use
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1752
AN
ACT
amending Title 13, chapter 34, Arizona
Revised Statutes, by adding section 13-3402.01; relating to drug
offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 34, Arizona
Revised Statutes, is amended by adding section 13-3402.01, to read:
START_STATUTE
13-3402.01.
Possession and sale of mescaline for commercial use or research;
classification; definitions
A. A person shall not knowingly
harvest, process or make available mescaline for commercial use or research,
regardless of the industry.
B. In a prosecution for a violation
of this section, it is a defense that the mescaline is being used or is
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.
C. A person who violates this section
is guilty of a class 4 felony.
D. For the purposes of this section:
1. "Commercial use" means
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.
2. "Mescaline" means the
drug that is listed in section 13-3401, paragraph 6, subdivision (
a
), item (
xxi
).
3. "REsearch" includes
investigating, studying and experimenting for medical and pharmaceutical
applications or uses.
END_STATUTE