Cultivating Peyote in California – HS 11363
HS 11363 – California Law on Cultivating Peyote
Most people are familiar with California’s relaxed laws on marijuana—but not everyone realizes that cultivating other plant-based substances, like peyote, is still a crime. Under California Health & Safety Code 11363 HS, it’s illegal to grow, harvest, or prepare peyote, even for personal or spiritual use, unless you’re specifically authorized by law.
Peyote is a hallucinogenic cactus known for its psychoactive compound, mescaline. It’s been used for centuries in religious ceremonies, particularly by Native American groups. Despite its cultural significance, California treats peyote as a Schedule I controlled substance, placing it in the same legal category as heroin, LSD, and MDMA.
If you’ve been charged with cultivating peyote, it’s important to understand how the law applies—and what legal options you may have. Speaking with a Los Angeles drug crime lawyer early in the process can make a big difference in the outcome of your case.
What Is Peyote and Why Is It Regulated in California?
Peyote is a small, spineless cactus native to parts of Mexico and the southwestern United States. Its active chemical, mescaline, causes hallucinations, altered perception, and other psychedelic effects. Because of its potency, it’s considered a powerful mind-altering substance.
Although peyote has a long history of use in Native American spiritual practices, its legal status remains highly restricted. Both California and federal law classify mescaline—and by extension, peyote—as a Schedule I drug, meaning it has:
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A high potential for abuse
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No currently accepted medical use in treatment
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A lack of accepted safety under medical supervision
Unlike marijuana, peyote has not been decriminalized in California. That means it’s still a criminal offense to:
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Plant or grow peyote
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Harvest or process peyote
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Possess peyote for recreational or non-authorized use
There are limited religious exemptions at the federal level, but these do not automatically apply under California state law. Most individuals are not protected by those exceptions and can be prosecuted under § 11363 HS for cultivation.
What Does California Health & Safety Code § 11363 HS Prohibit?
California law is very specific about what actions are considered illegal when it comes to peyote. Under HS 11363, it’s unlawful to plant, grow, harvest, dry, or process peyote unless you’re legally permitted to do so—something that applies to very few people.
This means a person can face charges even without selling or using the peyote. Simply tending to the plant—watering it, keeping it alive, or preparing it for consumption—is enough for law enforcement to bring a charge under this statute.
Here’s what the law prohibits:
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Planting peyote, either indoors or outdoors
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Cultivating peyote (maintaining, watering, or tending to it)
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Harvesting the plant or its parts
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Drying or processing peyote in any form
California law does not require intent to sell in order to file charges under this section. Simply having the plant and actively maintaining or preparing it may be enough to support a criminal case.
Although some religious groups—particularly members of the Native American Church—may have protections under federal law, those exceptions are narrow and generally do not apply automatically under California state law.
Statutory Language – HS 11363:
“Every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora, also known as peyote, or any part thereof shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.”
Penalties for Violating HS 11363 – Cultivating Peyote in California
A charge under HS 11363 is classified as a misdemeanor, but the legal and personal consequences should not be underestimated. A conviction can lead to:
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Up to 12 months in county jail
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Fines reaching $1,000
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Informal (summary) probation
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A misdemeanor drug conviction on your criminal record
In some cases, especially for first-time offenders, courts may consider alternative sentencing such as a diversion program, drug education classes, or community service. However, these options aren’t guaranteed and often depend on criminal history, the circumstances of the arrest, and whether other drug-related charges are involved.
If peyote cultivation is linked to activities like distribution, trafficking, or drug manufacturing, the situation can escalate quickly and may lead to felony charges under different laws.
Are There Any Legal Exceptions?
Yes—but they are extremely limited, and most people are not covered.
Under federal law, members of the Native American Church may be allowed to use peyote in religious ceremonies, as part of a narrow exemption tied to the American Indian Religious Freedom Act. However, that exemption:
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Does not automatically apply under California law
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Does not give general permission to cultivate or grow peyote
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Typically requires proof of membership in a federally recognized tribe and use within a recognized religious context
Outside of this narrow religious exception, there are no legal grounds for growing peyote in California. You cannot legally cultivate it for personal use, curiosity, research, or spiritual exploration unless you are specifically authorized under the law. Anyone found growing or preparing peyote outside of those strict parameters may be prosecuted.
What If You Were Growing Peyote for Personal Use or Curiosity?
It’s common for people to assume that growing a single peyote cactus—especially for personal, spiritual, or medicinal reasons—is harmless. But under HS 11363, even small-scale cultivation can result in criminal charges.
You don’t need to be caught using or distributing peyote. Prosecutors only need to prove:
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You knowingly cultivated or processed the plant
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You understood it was peyote, a controlled substance
In these situations, your intent matters, and it can influence how the case is handled. Defenses may focus on:
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Not knowing the plant was peyote
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Believing it was legal (especially in light of relaxed marijuana laws)
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No intention to distribute or use
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Peyote being discovered during an unlawful search
While this isn’t a felony, it’s still a drug offense with lasting consequences. These cases are often more defensible than people realize, especially when handled early and strategically.
How Is Cultivating Peyote Different from Marijuana Laws in California?
It’s a common mistake to assume that peyote is treated like marijuana in California—but the laws are very different.
Thanks to Proposition 64, adults 21 and over in California can legally:
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Possess up to 28.5 grams of cannabis
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Grow up to six marijuana plants for personal use
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Use marijuana recreationally on private property
But those rules do not apply to peyote.
Key Differences:
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Marijuana is regulated and taxed by the state; peyote is completely prohibited unless you’re covered by a narrow religious exemption.
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Cannabis has been legalized for both medical and recreational use; peyote remains a Schedule I controlled substance under both state and federal law.
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Growing marijuana for personal use is legal under certain guidelines; growing peyote, for any reason, is a misdemeanor criminal offense under HS 11363.
So even though both are naturally occurring plants, the legal treatment is completely different—and misunderstanding that can lead to serious legal trouble.
Can You Fight a § 11363 HS Charge?
Yes—and in many cases, the charges under HS 11363 can be reduced or dismissed entirely with the right defense strategy.
Like any drug case, the outcome depends on how the evidence was gathered, what your intent was, and whether your constitutional rights were respected during the investigation. Defenses that may apply include:
Common legal defenses include:
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Lack of knowledge
You didn’t know the plant was peyote or didn’t realize it was illegal to grow. -
Unlawful search or seizure
If police found the plant during an illegal search—without a warrant or valid consent—the evidence may be thrown out. -
Religious freedom (limited use)
If you’re a member of a federally recognized Native American tribe and the peyote was part of a legitimate religious ceremony, your attorney may explore a defense under federal protections. (Note: this is rare and applies only in narrow circumstances.) -
Diversion eligibility
In non-violent drug cases, you may qualify for a diversion program, which can result in dismissal of the charge after completing certain conditions, such as drug education or community service.
Even though this is a misdemeanor offense, it still carries real consequences—including jail time, fines, and a permanent record. A skilled defense lawyer can often negotiate a better outcome or fight the charges altogether.
Arrested for Cultivating Peyote in Los Angeles? Speak with a Los Angeles Drug Crime Lawyer Today
While cultivating peyote may seem minor compared to other drug offenses, a conviction under Health & Safety Code 11363 can still result in jail time, fines, and a permanent criminal record. These cases often arise from misunderstandings, lack of awareness, or targeted searches—and they deserve a strong legal response.
Attorney Hashemi has over 20 years of experience defending individuals facing a wide range of drug-related charges throughout Los Angeles. He understands how California’s drug laws work—including less commonly charged offenses like peyote cultivation—and knows how to challenge the prosecution’s case using smart, strategic defense tactics.
If you’ve been arrested, cited, or are under investigation for growing peyote, it’s important to act quickly. Early legal representation can make the difference between a conviction and a clean record.
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