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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 anyone to use peyote in Utah by simply claiming to be a member of a Native American church," Oda said, and HB306 proposes to define "Indian," "Indian tribe" and "Indian religion" to limit the affirmative defense to members of federally recognized tribes.
Oda told the House supporters include the Utah Attorney General's office, the Statewide Association of Public Attorneys, law enforcement legislative committees and state sentencing and juvenile‑justice commissions. He said the change would bring state law into alignment with federal rules and close what he described as an exploitation of the current framework.
Members asked whether tribal governments or divisions of Indian affairs had been consulted. Oda said his understanding was that the AG's office had spoken with tribal representatives but that the only public opposition noted in committee came from the Native American Church associated with James Mooney.
Representative Romero, who supported the bill in committee, said he voted in committee to protect the sanctity of ceremonial peyote use by federally recognized tribes but expressed concern that the bill could restrict sincere religious practice by people who are not members of federally recognized tribes.
After floor discussion, the clerk recorded the vote. The transcript shows "House bill 306, [vote recorded in transcript as] 50 yes votes, 7 no votes," and the bill was referred to the Senate for further consideration.
HB306's sponsor emphasized that the statutory definitions in the bill are intended to close the Mooney‑based loophole and provide a narrow affirmative defense limited to federally recognized tribes.
