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Denver in Colorado has decriminalised psilocybin, the psychedelic substance in “magic mushrooms” – but mescaline, a hallucinogen found in certain cacti, is generally illegal, as a 64-year-old Native American traveller found out at Sydney Airport when Australian Border Force (ABF) officers detected half a kilogram of the psychoactive “peyote” cactus in his luggage.

To be precise, mescaline is illegal in Australia, though it may be legal in the US, provided you are a Native American “First Nations” person.

The American in question arrived in Sydney on a flight from Los Angeles and was targeted by ABF officers due to information received through a Border Watch referral.

During an examination of the man’s bags, 500 grams of a substance believed to be peyote was discovered in his check-in luggage.

A peyote is a small, spineless cactus that contains the psychoactive alkaloid mescaline. It is classified as a narcotic.

The substance was tested and returned positive results for mescaline.

The detection was referred to the Australian Federal Police (AFP).

Aviation traveller superintendent Phillip Anderson said it was an important detection that highlighted the role the community can play in protecting Australia’s border.

Is this a cactus in your bag, mate? American tourist is searched at Sydney Airport

“Our airport officers work incredibly hard every day to protect Australia’s community from dangerous illicit substances such as these,” Anderson said.

“The information that led to this detection came from a member of the public who reported the suspected criminal activity through Border Watch. I would encourage anyone in the community with any information relating to the importation of narcotics to visit www.australia.gov.au/borderwatch.”

The AFP ascertained that the Peyote cactus was purchased legally in the United States and was purchased by the man due to his Native American ceremonial requirements.

The man was informed that the substance is a border-controlled drug and was cautioned about possible importation offences. The prohibited substance was seized for destruction.

In the US, the American Indian Religious Freedom Act Amendments of 1994 state that:

  • (b)(1) Notwithstanding any other provision of the law, the use, possession, or transportation of peyote by an Indian who uses peyote in a traditional manner for bona fide ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or by any State.

The word ‘Indian’ in the statute refers to a North American Indian, or Native American.

A flowering peyote

MEANWHILE, Denver, Colorado (sometimes known as the “Mile High City”, because of its altitude rather than the fact it has legalised cannabis) has become the first US city to decriminalise psilocybin, the psychoactive ingredient in “magic mushrooms”, fungi known for their hallucinogenic effect on users.

Psilocybin has been outlawed in the US since the 1960s, when it was widely known as a recreational drug, along with LSD and other psychedelics. Denver’s move to decriminalise psilocybin does not legalise use of the drug but it does inhibit prosecution in Colorado. The drug is sometimes used to treat depression.

Written by Peter Needham