Attorneys for the state of Utah are studying the U.S. Supreme Court's ruling in a religious freedom case to determine the effect it may have on the use of peyote by non-tribal members.

The state prosecuted James "Flaming Eagle" Mooney, a self-proclaimed medicine man, and his wife for possession and distribution of peyote. But even though neither is a member of a federally recognized tribe, the Utah Supreme Court threw out the case because state law doesn't allows peyote use by anyone who claims to belong to the Native American Church.

The state is now seeking to change the law to limit peyote to federally recognized tribal members. But the Supreme Court, in a case involving a religious sect in New Mexico, said that any exception carved out for tribal members can theoretically be carved out for non-Indians.

Get the Story:
Ruling may affect Utah peyote case (Bloomberg News 2/22)

Supreme Court Decision:
Gonzales v. UDV (February 21, 2006)

Utah Peyote Bill:
Controlled Substance Amendments (HB 60)

Related Stories:
Bill to limit peyote to tribal members advances (2/8)
White 'wanna-be' Indians target of peyote bill (01/19)
Plea deal reached for peyote case in Utah (12/16)
Study finds no harmful effects of peyote use (11/04)
Distributors of peyote a dying breed in Texas (09/19)
Navajo Nation peyote bill signed into law (08/01)
Utah 'medicine man' won't be released from jail (06/29)
Utah 'medicine man' and wife called drug dealers (6/27)
'Medicine man' arrested, charged in peyote flap (6/24)
'Medicine man' claimed Indian heritage in his 40s (05/23)
Peyote seized from 'medicine man' in federal custody (05/06)
Utah man sues county for return of seized peyote (4/28)
Supreme Court takes drug case tied to peyote use (04/19)
Supreme Court reviews case compared to peyote (04/14)
Religious group wins case tied to peyote use (11/16)
Navajo Nation peyote, meth legislation on hold (11/11)
Navajo bill clarifies use of peyote on reservation (10/12)
U.S. may prosecute Native American Church figure (08/31)
Non-Indian peyote case could head to Supreme Court (08/16)
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 against tea dispute heats up (1/24)
Case compared to Native American Church (10/30)
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)
Peyote raid raises questions (7/17)
The Peyote Exemption (7/17)
Police seize peyote (7/12)