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U.S. Code as of:
01/19/04
Section 1996a. Traditional Indian religious use of peyote
(a) Congressional findings and declarations
The Congress finds and declares that -
(1) for many Indian people, the traditional ceremonial use of
the peyote cactus as a religious sacrament has for centuries been
integral to a way of life, and significant in perpetuating Indian
tribes and cultures;
(2) since 1965, this ceremonial use of peyote by Indians has
been protected by Federal regulation;
(3) while at least 28 States have enacted laws which are
similar to, or are in conformance with, the Federal regulation
which protects the ceremonial use of peyote by Indian religious
practitioners, 22 States have not done so, and this lack of
uniformity has created hardship for Indian people who participate
in such religious ceremonies;
(4) the Supreme Court of the United States, in the case of
Employment Division v. Smith, 494 U.S. 872 (1990), held that the
First Amendment does not protect Indian practitioners who use
peyote in Indian religious ceremonies, and also raised
uncertainty whether this religious practice would be protected
under the compelling State interest standard; and
(5) the lack of adequate and clear legal protection for the
religious use of peyote by Indians may serve to stigmatize and
marginalize Indian tribes and cultures, and increase the risk
that they will be exposed to discriminatory treatment.
(b) Use, possession, or transportation of peyote
(1) Notwithstanding any other provision of law, the use,
possession, or transportation of peyote by an Indian for bona fide
traditional ceremonial purposes in connection with the practice of
a traditional Indian religion is lawful, and shall not be
prohibited by the United States or any State. No Indian shall be
penalized or discriminated against on the basis of such use,
possession or transportation, including, but not limited to, denial
of otherwise applicable benefits under public assistance programs.
(2) This section does not prohibit such reasonable regulation and
registration by the Drug Enforcement Administration of those
persons who cultivate, harvest, or distribute peyote as may be
consistent with the purposes of this section and section 1996 of
this title.
(3) This section does not prohibit application of the provisions
of section 481.111(a) of Vernon's Texas Health and Safety Code
Annotated, in effect on October 6, 1994, insofar as those
provisions pertain to the cultivation, harvest, and distribution of
peyote.
(4) Nothing in this section shall prohibit any Federal department
or agency, in carrying out its statutory responsibilities and
functions, from promulgating regulations establishing reasonable
limitations on the use or ingestion of peyote prior to or during
the performance of duties by sworn law enforcement officers or
personnel directly involved in public transportation or any other
safety-sensitive positions where the performance of such duties may
be adversely affected by such use or ingestion. Such regulations
shall be adopted only after consultation with representatives of
traditional Indian religions for which the sacramental use of
peyote is integral to their practice. Any regulation promulgated
pursuant to this section shall be subject to the balancing test set
forth in section 3 of the Religious Freedom Restoration Act (Public
Law 103-141; 42 U.S.C. 2000bb-1).
(5) This section shall not be construed as requiring prison
authorities to permit, nor shall it be construed to prohibit prison
authorities from permitting, access to peyote by Indians while
incarcerated within Federal or State prison facilities.
(6) Subject to the provisions of the Religious Freedom
Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1) [42 U.S.C.
2000bb et seq.], this section shall not be construed to prohibit
States from enacting or enforcing reasonable traffic safety laws or
regulations.
(7) Subject to the provisions of the Religious Freedom
Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this
section does not prohibit the Secretary of Defense from
promulgating regulations establishing reasonable limitations on the
use, possession, transportation, or distribution of peyote to
promote military readiness, safety, or compliance with
international law or laws of other countries. Such regulations
shall be adopted only after consultation with representatives of
traditional Indian religions for which the sacramental use of
peyote is integral to their practice.
(c) Definitions
For purposes of this section -
(1) the term "Indian" means a member of an Indian tribe;
(2) the term "Indian tribe" means any tribe, band, nation,
pueblo, or other organized group or community of Indians,
including any Alaska Native village (as defined in, or
established pursuant to, the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)), which is recognized as eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians;
(3) the term "Indian religion" means any religion -
(A) which is practiced by Indians, and
(B) the origin and interpretation of which is from within a
traditional Indian culture or community; and
(4) the term "State" means any State of the United States, and
any political subdivision thereof.
(d) Protection of rights of Indians and Indian tribes
Nothing in this section shall be construed as abrogating,
diminishing, or otherwise affecting -
(1) the inherent rights of any Indian tribe;
(2) the rights, express or implicit, of any Indian tribe which
exist under treaties, Executive orders, and laws of the United
States;
(3) the inherent right of Indians to practice their religions;
and
(4) the right of Indians to practice their religions under any
Federal or State law.
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