In a case centered on use of peyote by non-Indians, the Utah Supreme Court heard arguments over whether the state can or should interfere with drug use in a religious context.
James ''Flaming Eagle'' Mooney was charged in Utah County with drug distribution.
Under federal law, Indians are allowed to use peyote for religious purposes in conjunction with ceremonies of the Native American Church. Mooney is not a member of federally recognized tribes, but contends the U.S. and Utah constitutions guarantee freedom of religion to everyone - regardless of tribal ties.
Assistant Attorney General Kris Leonard argued Tuesday that there is no exception in state law for the use of peyote by Indians, and that even if the court ruled there was such an exception, it could not be extended to cover non-Indians.
''If they're going to open it up to anyone who walks into Mr. Mooney's church, there is no state control over that controlled drug,'' Leonard said. ''That basically leaves the state with no way to prosecute the criminal use of peyote.''
Defense attorney Kathryn Collard said the Utah Controlled Substances Act clearly incorporates federal drug laws, including a regulation permitting the use of peyote by American Indians. The exemption also includes non-Indians subscribing to the beliefs of The Native American Church, she said.
Furthermore, the state has no compelling interest to restrict peyote when used in a religious context, she said.
''The religious use of peyote by members of The Native American Church has never been found to be a danger to their health and safety when used as part of a bona fide church ceremony,'' Collard said.
Mooney and his wife, Linda, were charged In October 2000 with more than 10 first-degree felony counts of operating a controlled substance criminal enterprise and one second-degree count of racketeering.
Fourth District Judge Gary Stott in 2001 denied the Mooneys' motion to dismiss the charges, ruling that the federal exemption pertains only to members of The Native American Church or of federally recognized tribes.
Mooney said Tuesday he is one-half Seminole with bloodlines from the Cherokee, Choctaw and Creek tribes. Prosecutors maintain that he is not an Indian, and Forrest Cuch, director of the state Division of Indian Affairs, said Tuesday that Mooney is not enrolled with the Seminole tribe of Florida or Oklahoma.
Mooney founded the Oklevueha Earth Walks Native American Church in Benjamin, west of Spanish Fork, in 1997.