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Law
Non-Indian peyote case could head to Supreme Court


The state of Utah is considering an appeal to the U.S. Supreme Court in the case of non-Indians who claim the right to use peyote.

In June, the Utah Supreme Court said the state couldn't bar non-Indians from using the drug. The court said all Native American Church members, regardless of race, are protected under a federal exemption.

Other Native American Church practitioners do not feel the same way. They believe non-Indians are abusing the sacrament of their religion.

Federal law allows peyote for members of federally recognized tribes. A man in Utah who claims Indian heritage but it not enrolled in any tribe was busted for possession of the hallucinogenic.

Get the Story:
Peyote, Indian Religion and the Issue of Exclusivity (The New York Times 8/14)
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Get the Decision:
State of Utah v. Mooney (June 22, 2004)

Related Stories:
Ruling allows non-Indians to use peyote in Utah (06/23)
Utah Supreme Court hears arguments in peyote case (11/5)
Utah 'medicine' man at center of court battles (08/26)
Peyote limited to recognized U.S. Natives (5/7)
Peyote use disputed in Utah (5/18)
Man prevented from using peyote (5/10)
'Medicine man' settles lawsuit (3/30)
Peyote: For Indians Only? (1/8)
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