Not to derail this thread back to "the obscure ins and outs of US law", but I have a question about said for Coolio and all other knowledgeable persons.
" (3) The Attorney General may, by regulation, exempt any compound, mixture, or preparation containing a controlled substance from the application of all or any part of this subchapter if he finds such compound, mixture, or preparation meets the requirements of one of the following categories:
(A) A mixture, or preparation containing a nonnarcotic controlled substance, which mixture or preparation is approved for prescription use, and which contains one or more other active ingredients which are not listed in any schedule and which are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse.
(B) A compound, mixture, or preparation which contains any controlled substance, which is not for administration to a human being or animal, and which is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse.
Couldn't a cactus (with spines, bogus other ingredients, and plenty of flesh) be considered just such a packaging? Especially if it were sold expressly for decorative properties?
Unfortunately, that whole subsection is based on the word "may", so he (the Attorney General) may always choose not to exempt it.
Also, I remember reading that Jonathan Sloan, who recently faced all sorts of charges about DMT and Mescaline for distributing plants that contained them, had those charges all dropped recently. On the other hand, the DEA still hasn't returned any of his property or assests, but still.