A self-proclaimed medicine man who is suing for the return of peyote seized from his home in Utah may have a hard time getting the hallucinogenic drug back.

James "Flaming Eagle" Mooney says he should get the peyote back in light of a state Supreme Court ruled. The court held that state law allows any one belonging to a Native American Church, regardless of membership in a federally recognized tribe, to use and possess the drug.

But the county that seized the peyote gave it to federal authorities. The U.S. Attorney's office in Utah says Mooney violated federal law.

Mooney has claimed Seminole, Creek, Choctaw and Cherokee ancestry but is not an enrolled member of a federally recognized tribe.

Get the Story:
Medicine man may still face battle to get peyote back (The Provo Daily Herald 5/6)

Peyote Decision:
State of Utah v. Mooney (June 22, 2004) (7/12)

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