Peyote users seek exemption

Leaders of a Utah County Native American Church accused of illegally using peyote urged the Utah Supreme Court Tuesday to rule in favor of religious freedom and dismiss criminal charges against them.

In deciding the case of church founder James "Flaming Eagle" Mooney, the Supreme Court must first determine whether state laws controlling drug use exempt peyote use for members of The Native American Church. And, if so, whether that protection extends to non-Indian members of the church.

Assistant Attorney General Kris Leonard argued Tuesday that there is no exception in state law for the use of peyote by American Indians. And even if the court accepts Mooney's argument and finds that there is, Leonard said, extending that provision to cover non-Indians would allow any state citizen to enjoy the "peyote experience" under the guise of religious freedom.

"If they're going to open it up to anyone who walks into Mr. Mooney's church, there is no state control over that controlled drug," Leonard said. "That basically leaves the state with no way to prosecute the criminal use of peyote."

Kathryn Collard, Mooney's attorney, maintained that the Utah Controlled Substances Act clearly incorporates federal drug laws, including a regulation permitting the use of peyote by American Indians. The exemption also includes non-Indians subscribing to the beliefs of The Native American Church, she said.

Furthermore, Collard argued, the state has no compelling interest to restrict peyote when used in a religious context.

"The religious use of peyote by members of The Native American Church has never been found to be a danger to their health and safety when used as part of a bona fide church ceremony," Collard said, adding that American Indians worship peyote as a deity.

Mooney and his wife, Linda, were charged In October 2000 with more than 10 first-degree felony counts of operating a controlled substance criminal enterprise and one second-degree count of racketeering. Both face seven years to life in prison for each of the first-degree felonies.

Fourth District Judge Gary Stott in 2001 denied the Mooneys' motion to dismiss the charges, ruling that the federal exemption pertains only to members of The Native American Church or of federally recognized tribes.