The legal status of barrel cacti (Ferocactus and related genera) is not uniform across the United States. Protection for these distinctive, ribbed succulents is complex and varies significantly based on the specific species, its rarity, and its geographic location. While many assume federal law dictates plant protection, the primary regulatory oversight for barrel cacti comes from state and international statutes. This localized framework means that removing a barrel cactus can be legal in one area and a felony crime in another.
Federal Conservation Status
Federal protection for barrel cacti focuses on regulating international trade or safeguarding rare species. Common barrel cactus species are not typically listed under the Endangered Species Act (ESA), but the law protects certain rare relatives. For instance, the Mesa Verde cactus (Sclerocactus mesae-verdae) is federally listed due to extremely limited populations. This protection applies primarily to plants on federal lands or those whose collection affects interstate commerce.
A broader federal mechanism of protection comes from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Nearly all species of the Cactaceae family, including many barrel cacti, are listed under CITES Appendix II. This listing does not prohibit trade, but it mandates that any international movement of wild-collected specimens requires a permit to ensure sustainable trade. Even the widely cultivated Golden Barrel Cactus (Echinocactus grusonii) is included, restricting its movement across borders and helping curb illegal poaching from its native habitat in Mexico.
State-Specific Plant Protection Laws
The most direct and comprehensive protection for barrel cacti occurs at the state level, particularly in Southwestern states like Arizona, California, and New Mexico. These state laws recognize native plants as part of the public heritage, even when situated on private land. This framework makes the removal or destruction of many native cacti a regulated activity requiring official authorization.
Arizona’s Native Plant Protection Act classifies barrel cacti as “Salvage Restricted” or “Highly Safeguarded” depending on the species. This means a property owner must obtain a permit from the Arizona Department of Agriculture (AZDA) before moving, salvaging, or destroying a protected cactus. Permits are required for “Salvage” (allowing transplanting) and “Destruction” (necessary if the plant must be removed and cannot be relocated).
Similarly, the California Desert Native Plants Act explicitly names the barrel cactus as a species whose harvesting is restricted. New Mexico statutes are also specific, listing “barrel, niggerhead, bisnaga or visnage cactus (Ferocactus – all species)” as protected plants. The New Mexico Department of Agriculture issues harvest permits, and the state’s Endangered Plant Species Act makes unpermitted collection a violation.
Texas employs a different regulatory approach that focuses on preventing commercial theft and requiring landowner consent. While the state protects a list of threatened or endangered native plants, its laws mandate written authorization from the landowner before any cactus can be collected on private property. The Texas Department of Agriculture enforces regulations requiring documentation, known as a manifest, for the commercial sale or transport of desert plants, especially those leaving the state. This ensures that even common barrel cacti are protected from mass harvesting and illegal commercial trade.
Consequences of Illegal Removal
Violating state and federal cactus protection laws can result in severe penalties, especially when the removal is commercial or involves rare species. The punishment is often tied to the estimated commercial value of the removed plant. In Arizona, for example, illegal removal of a protected cactus valued under $500 is typically a Class 1 misdemeanor. However, the theft of a larger, more valuable specimen can lead to felony charges.
If the value of the illegally removed plant exceeds $1,500, the offense can be prosecuted as a Class 4 felony, carrying potential prison time and substantial fines. This targets “cactus rustling,” the commercial theft of mature plants for the landscaping trade. The difficulty in replacing a decades-old cactus, which grows slowly and provides shelter for wildlife, is reflected in the high penalties.
To avoid prosecution, an individual or company must secure the required tags and permits from the relevant state agriculture department before moving any protected cactus. These tags, which must be visibly affixed to the plant, serve as legal proof that the cactus was lawfully salvaged or harvested. Without this official documentation, the plant is considered contraband. Those in possession face fines ranging from hundreds to thousands of dollars, along with possible imprisonment. New Mexico’s Endangered Plant Species Act outlines penalties that include fines between $300 and $1,000 and up to 120 days of imprisonment for a violation.