From Deseret News archives:
Court backs church's use of peyote
The Utah Supreme Court ruled unanimously last July that the Native American Church had substantial rights under state and federal laws. In paragraphs 30 and 31 of their ruling, they held "that the federal religious peyote exemption found at (state code) 21 C.F.R. � 1307.31 has been incorporated into the Utah Controlled Substances Act. Although the statutory language governing incorporation is ambiguous, we interpret the act in a manner that avoids a conflict with federal law and does not risk depriving the Mooneys of their constitutional rights to due process.
The reason that it is false that HB306 conforms to federal law is because there is no such federal law. The stunning truth is that the DEA did try to change their rules in 2002, but the new rules were never adopted due to the outcry from the Native American Church. A good many of the 300,000 Native American Church members do not belong to federally recognized tribes nor do they have any Native American blood flowing through their veins. A large percentage of the 300,000 NAC members in the United States and Canada do not belong to U.S. federally recognized tribes.
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