A man who escaped state prosecution but now faces federal drug charges spoke out Monday against legislation that would reconcile federal and state law over the legal use of peyote.

The bill, SB60, passed the Senate Judiciary, Law Enforcement and Criminal Justice Committee.

"This bill is not about religious freedom," said sponsoring Rep. Curtis Oda, R-Clearfield. "It's about guaranteeing the agreements that were made in the 1994 congressional act."

HB60 would provide a clear definition of who can and cannot use peyote. Under federal law, only members of a federally recognized Indian tribe can use peyote for the purpose of religious ceremonies.

State law isn't so clear, however. In fact, bill supporters cited a 2004 Utah Supreme Court decision that said James "Flaming Eagle" Mooney had a right to distribute peyote to non-American-Indian members of his Native American church.

Mooney, who faces federal charges over his possession of the drug, told lawmakers that not allowing white members of the church to use peyote was discrimination.

"It's a racial statement with racist bylaws," he said.

Indeed, some senators had constitutional concerns with the bill. Although federal law was based on prior treaties, without access to those treaties, some senators wondered whether they would be violating religious freedom and the 14th Amendment.

Looking at it from a religious point of view, "I do see a major equal protection issue," said Republican Sen. David Thomas of South Weber. But from a point of view that includes the treaties, "I understand how we can do this."