Peyote charges dropped

One day after the U.S. Supreme Court upheld the religious use of certain hallucinogenic plants, the U.S. Attorney's Office for Utah announced it was dropping felony peyote distribution charges against the founders of a Utah County-based Native American Church.

In a press release, federal prosecutors announced they had reached a settlement agreement with James "Flaming Eagle" Mooney and his wife, Linda Mooney, and that the decision to drop the charges had nothing to do with Tuesday's U.S. Supreme Court decision. James Mooney told the Deseret Morning News that he felt the charges being dropped had everything to do with the Supreme Court decision.

James Mooney said he received the news of the charges being dropped from his attorney Wednesday morning. "My feelings are, without a doubt, a lot of gratitude for the Constitution of the United States," Mooney said. "I'm honored that I, for whatever reason, was chosen to make a stand under all kinds of opposition."

The couple has survived prosecution by the Utah County Attorney's Office, whose charges were thrown out by the Utah Supreme Court. Now the Mooneys have dodged the possibility of facing several decades in federal prison.

The U.S. Attorney's Office states it has agreed to drop the federal indictment. In exchange, the Mooneys have agreed to never again possess, buy, use or distribute peyote "until they become members of a federally recognized tribe or there is a definitive clarification of the law regarding the use of peyote by court ruling or legislative action."

The agreement also specifies that the Mooneys can be re-indicted on the same charges if they violate the terms of the agreement. The statute of limitations were also waived on the charges.

But Mooney said he and his wife signed that agreement about two weeks ago. Given the high court's ruling allowing religious use of some hallucinogens, he said he plans to have the agreement thrown out of court.

"It is totally unconstitutional," Mooney said about the agreement, adding the U.S. Supreme Court has made it "crystal clear" about his rights.

But given the long legal battle he has undergone, Mooney said he plans to play it safe and make sure the agreement is legally nullified before resuming practice.

"I'm going to counsel with my attorneys to see if we need to file anything, because I want to be crystal clear," he said. "I want everything to be above board."

In Tuesday's ruling, the high court ruled unanimously the government failed to demonstrate a compelling interest in prohibiting a religious sect in New Mexico from using a hallucinogenic tea known as hoasca, which is derived from two plants found in the Amazon region.