At issue in the case was an exemption in the Federal Controlled Substance Act that allows the use of peyote in religious ceremonies. The exception was enacted by the Bureau of Narcotics and Dangerous Drugs, now known as the Drug Enforcement Administration, after peyote was classified as a controlled substance in 1970.

The state Attorney General's Office argued on appeal that the exemption has never been incorporated into state laws controlling drug use. Additionally, the state argued, the exemption does not apply to non-Indian members of the Native American Church.

The Supreme Court rejected each argument Tuesday, saying the state statute must be interpreted to include the exemption to avoid a conflict between state and federal law and to protect the Mooneys' constitutional rights. Additionally, the court noted, the exemption makes no mention of tribal status as a requirement for immunity from prosecution.

"The term 'members' in the exemption clearly refers to members of the 'Native American Church' — not to members of federally recognized tribes," the opinion states. "Therefore, so long as their church is part of the 'Native American Church,' the Mooneys may not be prosecuted for using peyote in bona fide religious ceremonies."

Mooney founded the Oklevueha Earth Walks Native American Church in 1997 in Benjamin, a rural community west of Spanish Fork. The Native American Church, which was established in 1918 in Oklahoma, operates throughout the United States and Canada. Each chapter operates autonomously and sets its own rules.

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E-mail: awelling@desnews.com