Greenhouse cultivation is considered an essential practice for Indigenous tribes to cultivate their own peyote supply locally. NAC members are prohibited from transporting peyote from Mexico into the United States or Canada pursuant to this Mexican law. Indigenous tribes of Mexico have become alarmed at the diminishing peyote gardens in Mexico, which compelled the Mexican government to enact a conservation law, NOM-059-SEMARNAT-2002, classifying peyote as threaten and a protected species. Psychedelic tourism, criminal drug trade, massive land development projects, illegal poaching, global warming, worldwide internet sales of peyote, and other devastating human activities have significantly reduced the wild peyote population in its natural habitat. The Texas peyote gardens presently suffer from severe over-harvesting caused by an increasing demand for more peyote from a shrinking limited supply. As a result of the Boyll decision, false NAC groups have emerged claiming to be official NAC chapters and who use illicit drugs, in addition to peyote, as their sacrament while using the federal peyote exemption law to shield their illicit activities. Subsequent federal and state court decisions have relied on the Boyll decision as precedents in reaching the same or similar conclusion. However, the Boyll court failed to consider crucial federal Indian law analysis in reaching its decision. Boyll, the federal district court interpreted the peyote exemption law as extending its benefits and protection to non-Indians or anyone claiming to be a NAC member. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. Although peyote is classified as a controlled substance under federal and state laws, U.S. It is also used religiously by various Indian tribes throughout the country of Mexico. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce.
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