A couple in Utah has filed suit against the federal government to resume their use of peyote, a sacrament of the Native American Church.

James "Flaming Eagle" Mooney and Linda Mooney are not members of a federally recognized tribe. But they say they have a right to use peyote as part of their religious beliefs.

The couple had been charged with possession and distribution of peyote after Utah officials found more than 12,000 peyote buttons at their home. The Utah Supreme Court dismissed the charges, saying that state law allows any Native American Church practitioner, regardless of tribal membership, to use the drug.

Federal authorities subsequently laid charges against the Mooneys. The charges were dropped when the couple agreed not to use the drug unless there was a change in law.

The law regarding the use of peyote by enrolled tribal members has not changed. But the U.S. Supreme Court recently upheld the religious freedom rights of a small religious group in New Mexico that uses a drug in its ceremonies.

Get the Story:
Couple sue to resume their use of peyote (The Salt Lake Tribune 5/18)

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