Many people are familiar with drug laws as they pertain to narcotics like cocaine but there are often questions about organic, natural drugs like peyote. Is it illegal to grow peyote? If so, what are the potential consequences? Read on to get the answers you are looking for. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a criminal defense consultation if you have been charged with this or another drug crime.

Laws Against Growing or Cultivating Peyote

The law against growing or cultivating peyote is covered in the California Health and Safety Code. It makes it a crime for a person to plant, harvest, dry, or harvest peyote. If caught, this crime is what’s known as a wobbler. This means that the prosecution will consider all factors of the case, as well as the criminal history of the accused, and decide whether to charge it as a felony or a misdemeanor.

Potential Penalties for a Conviction of Growing or Cultivating Peyote

If the charge is filed as a misdemeanor, the accused cold face up to one year in county jail as well as fines of as much as $1,000. If the charge is filed as a felony, then the potential punishment is up to three years I state prison as well as fines of up to $10,000.

Legal Defenses for Growing or Cultivating Peyote

There are a number of legal defense options for a person who has been charged with growing or cultivating peyote. One such example is using the defense known as “mistake of fact.” In short, this means that the person accused was cultivating peyote but they did not know that it was peyote. They may have thought it was simply another type of cactus. It is up to the prosecutor to prove that the defendant was not only growing the peyote, but that they knew it was peyote.

Peyote is Often Used in Religious Ceremonies

One of the complications of laws against cultivating peyote is the fact that every person in the United States has a right to freedom of religion, which is not only covered in the United States Constitution but the California Constitution as well. Certain people, specifically those who are part of the Native American Church, use peyote as part of their religious rituals.

As a result, the California Supreme Court has held that a person cannot be convicted of drug possession for possessing and / or using peyote for a “legitimate” religious ritual. However, the same exception does not apply to growing or cultivating peyote. The question remains how the state Supreme Court can accept possession of it for religious use but not growth or cultivation.

If you have been accused of peyote cultivation and / or possession then we urge you to contact an experienced criminal defense attorney who can find the best defense for your unique case. Call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.