mescaline; possession; sale; commercial use

Plain English Breakdown

The source confirms the bill passed both chambers, but the official effective date is listed only as the general effective date without a specific day.

SB1752: Rules on Mescaline Use

This law makes it a crime to harvest, process, or sell mescaline for business or research but allows an exception if the use is part of sincere religious practices that do not endanger public safety.

What This Bill Does

• Prohibits people from knowingly harvesting, processing, or making mescaline available for commercial use or research in any industry.
• Classifies violations of this rule as a class 4 felony crime.
• Creates a legal defense against prosecution if the mescaline is used for sincere religious practices that are part of a religious exercise and do not endanger public health, safety, or morals.
• Defines 'commercial use' to include any transaction involving goods, services, property, or intellectual property intended for financial gain, profit, or business purposes.
• Defines 'research' as activities including investigating, studying, or experimenting for medical and pharmaceutical uses.

Who It Names or Affects

• People who harvest peyote cactus containing mescaline
• Businesses that process or sell mescaline products
• Organizations conducting research on mescaline for medical purposes
• Individuals using mescaline as part of religious ceremonies

Terms To Know

Mescaline

A hallucinogenic substance and the psychoactive component of the peyote cactus.

Class 4 felony

The specific crime category for violating this law regarding mescaline.

Commercial use

Any activity involving goods, services, property, or intellectual property intended to make money, profit, or support a business.

Limits and Unknowns

• The law becomes effective on the general effective date but does not list a specific calendar day.
• The text defines religious use as 'bona fide' and integral to an exercise but does not list which specific religions qualify.

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

MM/MS/hk

Current 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