Peyote puffers may soon be required to prove their membership in a federally recognized tribe or face possible jail time, if a bill before the Legislature passes.

The legislation comes after the Utah Supreme Court ruled last year that a Utah County man was allowed to administer the hallucinogenic peyote cactus to nontribal members of his Native American Church.

HB306 would limit peyote use to religious ceremonies and only by members of federally recognized tribes. The bill's sponsor, Rep. Curtis Oda, D-Clearfield, said the bill was in reaction to the Supreme Court ruling, which he felt was broad in allowing nontribal members to also use a federally restricted substance.

Oda told members of the House Judiciary Committee on Monday that his bill would bring Utah law in line with existing federal restrictions, which require peyote users to be recognized tribal members.

The Utah Supreme Court ruled last summer that James Mooney was allowed to use peyote in religious ceremonies for all members of the Native American Church. The ruling spared Mooney from state prosecution, but he still could face federal prosecution. The U.S. Attorney's Office put Mooney on alert last fall that he may face action, but nothing has been filed as of yet, according to U.S. Attorney's Office spokeswoman Melodie Rydalch.

Deputy Utah Attorney General Kris Leonard told the committee HB306 would bring Utah in line with federal law. The law would require anyone possessing peyote to prove tribal membership by either showing tribe-issued identification or to have a tribal elder testify on his behalf, otherwise he could be charged with possession of a controlled substance. The bill also includes language that would allow a person driving under the influence of peyote to face DUI charges if the officer deems the person is impaired.

Some lawmakers expressed concern over the bill.

Rep. Ross Romero, D-Salt Lake, said he was concerned that the Utah Supreme Court allowed members of the Native American Church the freedom to use peyote and that the bill would take that away, at least for nontribal church members.

Rep. Lorie Fowlke, R-Orem, wondered if lawmakers would have a fight on their hands with the Supreme Court in limiting the scope of its ruling.

Leonard said nothing in the bill would raise constitutional issues because it would use the same language as existing federal law.

Oda said the Mooney ruling "provides a loophole for virtually anyone to use peyote in Utah by simply claiming to be a member of a Native American church."

Committee vice chairman Rep. Eric Hutchings, R-Kearns, said he too was concerned that allowing nontribal people to use peyote would lead to casual use. "Just a couple of tokes on the peace pipe and you can gain enlightenment," Hutchings said. "We don't want a Monday-night football religion."

Members of the committee voted unanimously to pass the bill on to the House floor for further debate.

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