Pubdate: Sun, 22 Jan 2006
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2006 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24
Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental)

UTAH PLAN LIMITS INDIAN PEYOTE USE

Tribes Would Need Federal Recognition

SALT LAKE CITY - A proposal before the Utah Legislature would limit
the use of peyote to federally recognized Indian tribes during
traditional religious ceremonies.

Peyote is illegal for general use, but federal law allows for limited
use in American Indian religious ceremonies.

The Utah bill is intended to prevent people from escaping prosecution
by claiming Indian heritage and religious use of peyote without being
able to prove it.

The bill follows state and federal court cases against Linda and James
Mooney, founders of the Oklevueha EarthWalks Native American Church of
Utah. In 2000, the couple were charged with drug distribution for
providing peyote to members of their church and its visitors.

A state court conviction of the couple was struck down by the Utah
Supreme Court, which said Utah law failed to recognize portions of
federal law that restrict peyote use to members of federally
recognized tribes.

The use of peyote is considered sacred, so the circus of publicity
surrounding the Mooney case was troubling for Utah's tribes, said
Forrest Cuch, executive director of Utah's Division of Indian Affairs.

Cuch said the bill is about more than just peyote use; it's also about
protecting the cultural and the treaty rights that gave sovereignty to
tribes.

"American Indians fought for their rights," Cuch said. "In the
process, there were bloody wars, and out of those wars came treaties,
and those treaties have the full effect of law."
- ---
MAP posted-by: Larry Seguin