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House narrows peyote exemption, limits affirmative defense to members of federally recognized tribes
Summary
House passed HB306 to align state law with federal rules and the State v. Mooney decision by defining 'Indian' to mean members of federally recognized tribes and limiting an affirmative defense for peyote use to those members; proponents said it closes a loophole and protects tribal traditions.
SALT LAKE CITY — The Utah House voted to pass House Bill 306, a measure that limits legal protections for peyote use to members of federally recognized tribes and narrows a defense that, sponsors say, has been misapplied.
Representative Curtis Oda, sponsor of the bill, said current federal law allows peyote for "bona fide traditional ceremonial purposes" and that a state Supreme Court case (State v. Mooney) created a loophole allowing people to claim exemption by forming a Native American church. "Mooney provides a loophole for virtually…
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