The materials discussed in this book are legal despite the fact that they have psychotropic properties. Some are far more potent than many controlled substances. They have not been designated as illegal by any state or federal codes, because they are relatively obscure and have never been subjected to abuse. Although chemicals such as mescaline and lysergic acid amide are controlled by Title 21 of the United States Code (1970 edition), their plant sources (except for ergot and peyote) are not so controlled. It is therefore legal to possess San Pedro cactus, morning glory seeds, Hawaiian wood rose, etc., as long as there is no indication that they are intended for other than normal horticultural or ornamental purposes. The materials listed here are legal at the time of this writing. They may be outlawed at any future date. It may be of some interest to some readers that the Church of the Tree of Life has declared as its religious sacraments most substances in this book. Because these substances were legal at the time of the Church's inception and incorporation, their use cannot be denied to members through any future legislation without directly violating the Constitution's guarantee of religious freedom. Although there exist both state and federal laws against Psilocybe mushrooms and peyote, we have included these in our book of legalhighs. We do so because of the glaring weaknesses in the legislation regarding these. Peyote is allowed to members of the Native American Church, because it was in use by the Plains Americans as a religious sacrament long before the caucasian immigrants and their progeny devised laws against it. Even today, a number of legitimate cactus nurseries still ship cuttings and seeds of this cactus to all parts of the country with apparent impunity.

 

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Encyclopedia of Legal Psychoactive Herbs - Adam Gottlieb

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