RECENT DEVELOPMENT IN UTAH LAW: C. The Utah Controlled Substances Act Incorporates into State Law the Federal Regulation Exempting Use of Peyote in Native American Religious Ceremonies

1. Introduction In State v. Mooney, 1 the Utah Supreme Court addressed for the first time how the federal law exempting religious use of peyote in bona fide religious ceremonies of the Native American Church 2 ("Exemption") applies to Utah law. 3 The court held that the language of the Utah Controlled Substances Act 4 ("the Act") incorporates the Exemption into Utah law. 5 The court justified its position by explaining that to hold otherwise "would create a direct conflict with a preemptive federal law." 6 The court also asserted that due process considerations required incorporation of the Exemption into state law. 7 After assessing the plain language of the Exemption, the court concluded that it applies to members of the Native American Church even if they are not members of federally recognized tribes. 8 Accordingly, the court found that the Exemption protected the Mooneys from criminal prosecution under state law for religious use of peyote in bona fide Native American Church services. 9 2. The Case Defendants James and Linda Mooney ("the Mooneys"), husband and wife, founded the Oklevueha Earthwalks Native American Church in 1997 in Benjamin, Utah. 10 Though the Mooneys are not members of a federally recognized tribe, they practiced the Native American religion before establishing their church. 11 James Mooney also claims to be of Native American descent. The Mooneys obtained peyote from Texas, 12 and used it in their religious services. 13 The State of Utah charged ...