Pubdate: Mon, 08 Jan 2001
Source: CNN (US Web)
Copyright: 2001 Cable News Network, Inc.
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UTAH CASE TESTS LIMITS OF AMERICAN INDIAN PEYOTE LAW

BENJAMIN, Utah (AP) -- James Warren "Flaming Eagle" Mooney says he has seen 
people who use the peyote cactus freed from drug addiction and mental illness.

Now the mystical medicine he administers to his followers could cost Mooney 
his own freedom.

On October 10, sheriff's deputies raided Mooney's home and his adjoining 
church, seizing a ceremonial pipe, a computer and 33 pounds of peyote. 
Mooney was charged with a dozen counts of drug trafficking and one count of 
racketeering.

If convicted, he could be sentenced to life in prison.

He has also become a peyote pariah, scorned by medicine men convinced 
peyote should be reserved for American Indians.

A defiant Mooney says he will do what it takes to get the medicine to those 
who need it.

"Being prosecuted and facing these charges, this is coming from my heart, I 
consider it an honor," he said.

For the roughly 250,000 members in 100 branches of the Native American 
Church, peyote ceremonies are a sacred sacrament, the flesh of God put on 
earth to provide clarity and bring followers closer to the Creator.

It is illegal to ingest peyote, a hallucinogen, in Utah and at least 27 
other states. But in 1994, Congress carved out exemptions for "the practice 
of a traditional Indian religion" by members of federally recognized tribes.

Utah County Attorney David Wayment argues the exemptions don't apply to 
Mooney, who is not enrolled in a tribe and administers peyote primarily to 
whites.

"Whether or not Mr. Mooney can possess peyote, certainly he cannot be 
distributing peyote to non-Indians," Wayment said.

Mooney said he was a member of the Oklevueha Seminole Band _ which is not 
federally recognized -- until the new chief threw him out for conducting 
peyote ceremonies. He makes no apologies for giving peyote to whites.

Prohibiting anyone from taking part in peyote ceremonies would violate the 
First Amendment, Mooney argues. He has sued Utah County in federal court 
claiming religious discrimination, and wants the county to return roughly 
12,000 bulbs of peyote seized from his home.

The tiny, spineless peyote cactus grows in the desert of southern Texas and 
northern Mexico. The bulbs are eaten or brewed into a tea consumed during 
prayer ceremonies that can last all night, said Edward Anderson, a botanist 
in Phoenix and author of "Peyote: The Divine Cactus."

The plant is bitter and can cause vomiting. It also contains a small amount 
of mescaline which heightens perceptions of colors and intensifies other 
senses. The effect is about a thousand times less powerful than LSD, 
Anderson said.

Mooney, 57, who says he is a descendant of the Seminole chief Osceola, is a 
practicing Mormon, but also leads the Oklevueha Earthwalks Native American 
Church.

He spent 10 years in law enforcement, six working in the Utah State Prison. 
A commendation from Gov. Mike Leavitt for his prison work hangs on the wall 
of his church.

While working in prison, Mooney met Victor Bailey, who had bounced in and 
out of jail before taking peyote. Now Bailey says his life is in order, he 
is married and is an active Mormon.

Others tell similar stories: Gaylen Nebeker said peyote weaned him from 
cocaine and saved his marriage. Shauna Sudbury said it enabled her to stop 
taking medications for manic-depression. Lianne Morrow said it healed 
emotional scars from a divorce.

"This has brought me a lot closer to God. It has helped me to heal," 
Nebekar said.

Mooney said he was cured of manic-depression by peyote.

"Since I have been on this planet with the peyote, we have helped thousands 
of people get off heroin, come to terms with whatever their same-sex 
identities are" and overcome other challenges, he said.

But Wayment argues Mooney heads a drug distribution ring, using "roadmen" 
to dispense peyote across the state. Distribution charges against one of 
Mooney's associates are pending.

Mooney is also scorned by medicine men who bristle at his practices, 
including seeking $200 donations from those who attend his church services.

Mooney said the donations offset church costs, and that no one who couldn't 
afford to pay has been turned away.

He has been disavowed by branches of the Native American Church and was 
forced to resign as vice president of a Salt Lake City NAC chapter.

"Indians have no remorse for what has happened to him," said Dan Edwards, 
director of American Indian Studies at the University of Utah. "It's like 
(whites) have taken our land, you've taken our culture and now you're 
taking our religion, and Indians feel it's sacrilegious."

Church leaders also fear that spreading ritual peyote use beyond American 
Indians could result in Congress rescinding the exemptions they worked hard 
to win.
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MAP posted-by: Terry Liittschwager