Religious Exemptions for Peyote Use in Five U.S. States: Arizona, Colorado, Minnesota, Nevada, and New Mexico

The Peyote Way Church of God, a non-sectarian, multicultural organization based in southeastern Arizona, promotes the sacramental use of peyote as a means to connect with the divine and foster personal introspection. While peyote is classified as a Schedule I controlled substance under the federal Controlled Substances Act of 1970, certain states have carved out exemptions for its use in bona fide religious practices, regardless of race or tribal affiliation. These exemptions, rooted in First Amendment protections for religious freedom, allow members of organizations like the Peyote Way Church to cultivate and consume peyote legally within specific legal frameworks. Five states—Arizona, Colorado, Minnesota, Nevada, and New Mexico—explicitly protect the religious use of peyote, creating a unique legal landscape for Peyotist practices. This article explores these exemptions, their legal foundations, and their implications for religious freedom.

Arizona: A Hub for Peyotism

Arizona, home to the Peyote Way Church of God, has one of the most robust exemptions for religious peyote use. Under Arizona Revised Statute Title 13-3402, it is a defense against prosecution for peyote possession, sale, or transfer if the substance is used or intended for use in connection with a bona fide religious belief, as an integral part of a religious exercise, and in a manner not dangerous to public health, safety, or morals. This exemption, which does not defer to race or Native American Church (NAC) membership, has allowed the Peyote Way Church to operate openly since its founding in 1977. The church recommends that members notarize a Declaration of Religious Belief and display it prominently with their peyote to demonstrate religious intent, providing legal protection in case of prosecution. Arizona’s exemption has been upheld in cases like the 1991 return of confiscated peyote plants to a non-member Peyotist after her Declaration of Belief was reviewed by local authorities, showcasing the state’s commitment to protecting religious peyote use.

Colorado: Balancing Religious Freedom and Regulation

Colorado’s exemption for peyote use is similarly broad, protecting the “bona fide religious use” of peyote under state law, as noted by the Peyote Way Church. This exemption stems from the state’s recognition of First Amendment protections and allows individuals of any race to cultivate and use peyote for religious purposes, provided the intent is clearly religious. Colorado’s legal framework aligns with its progressive stance on religious and personal freedoms, as seen in recent psychedelic reform efforts like Proposition 122, which decriminalized certain psychedelics but has faced pushback from Native American groups concerned about peyote’s sacred status. The Peyote Way Church advises members to register a notarized Declaration of Religious Belief with their county recorder to bolster legal protections, reflecting the need for clear documentation in a state where religious exemptions are scrutinized.

Minnesota: A Lesser-Known Exemption

Minnesota is less frequently highlighted in discussions of peyote use but is one of the five states explicitly protecting the religious use of peyote, regardless of race. The state’s exemption, rooted in First Amendment principles, allows for the cultivation and consumption of peyote in bona fide religious contexts. While Minnesota lacks the high-profile Peyotist communities found in Arizona or New Mexico, its inclusion in this group underscores a commitment to religious freedom. The Peyote Way Church notes that members in Minnesota should follow similar protocols as in other exempt states, such as maintaining a notarized Declaration of Religious Belief, to safeguard against potential legal challenges. The state’s low-key approach to enforcement suggests a pragmatic acceptance of religious peyote use, though public awareness of this exemption remains limited.

Nevada: Protecting Religious Intent

Nevada’s exemption for peyote use mirrors those of its counterparts, protecting the “bona fide religious use” of peyote under state law. This exemption allows individuals to cultivate and consume peyote for religious purposes, provided they can demonstrate sincere religious intent. Nevada’s legal framework is particularly significant given its proximity to Arizona and shared desert environment, which supports peyote cultivation. The Peyote Way Church emphasizes the importance of legal precautions, such as notarizing and registering Declarations of Religious Belief, to ensure compliance with state law. Nevada’s exemption reflects a broader trend in Western states to balance religious freedom with controlled substance regulations, creating a safe harbor for Peyotist practices.

New Mexico: A Historical and Cultural Stronghold

New Mexico, with its deep historical ties to Native American and Peyotist traditions, is a key state for religious peyote exemptions. The state protects the “bona fide religious use” of peyote, allowing cultivation and consumption for religious purposes without racial restrictions. New Mexico’s exemption is particularly significant given its proximity to Texas, the primary source of wild peyote in the U.S., and its cultural resonance with Native American spiritual practices. The Peyote Way Church has cited New Mexico as a supportive environment for Peyotism, though members are still advised to maintain notarized documentation to avoid prosecution. The state’s legal protections are reinforced by its history of respecting indigenous and alternative religious practices, making it a vital part of the Peyotist landscape.

Legal Context and Challenges

These five states’ exemptions contrast with federal law, which restricts peyote use to members of the Native American Church under 21 C.F.R. § 1307.31. The federal exemption, upheld in cases like Peyote Way Church of God, Inc. v. Thornburgh (1991), was deemed a political rather than religious accommodation, tied to the preservation of Native American culture. This ruling denied the Peyote Way Church equal protection under federal law, but state-level exemptions in Arizona, Colorado, Minnesota, Nevada, and New Mexico provide a workaround, protecting non-Native Peyotists under First Amendment principles. However, these exemptions come with caveats: the burden of proof rests on the defendant to demonstrate religious intent, and federal authorities could theoretically prosecute, though they rarely do in these states.

The Peyote Way Church advises members to take proactive steps to protect themselves, including notarizing Declarations of Religious Belief, registering them with county recorders, and displaying them with peyote plants. These measures, combined with the states’ legal protections, create a framework for safe religious practice. However, tensions remain, particularly with Native American groups who argue that peyote’s sacred status should limit its use to tribal members. The 1994 amendments to the American Indian Religious Freedom Act further clarified federal protections for Native peyote use, but non-Native Peyotists rely on state exemptions to practice legally.

Implications for Religious Freedom

The exemptions in Arizona, Colorado, Minnesota, Nevada, and New Mexico represent a significant victory for religious freedom, allowing individuals of all races to engage in Peyotist practices without fear of state prosecution. These states recognize peyote’s role as a sacrament in bona fide religious contexts, aligning with First Amendment protections. However, the patchwork nature of these exemptions—contrasted with stricter federal law—creates a complex legal landscape. The Peyote Way Church’s operations in Arizona, supported by state law, highlight the potential for religious pluralism, but ongoing debates over peyote’s cultural and ecological significance underscore the need for continued advocacy and dialogue.

For members of the Peyote Way Church and other Peyotists, these five states offer a sanctuary for spiritual exploration. By maintaining clear documentation and adhering to state guidelines, practitioners can navigate the legal system with confidence. As psychedelic reform gains traction nationwide, these exemptions may serve as a model for balancing religious freedom with public safety, ensuring that peyote remains a viable sacrament for those who revere it.

Sources:

•  Peyote Way Church of God, “Legality of Peyote”

•  Peyote Way Church of God, “Declaration of Religious Belief”

•  Peyote Way Church of God, “Detailed Chronology of Events”

•  Phoenix New Times, “A Remote Arizona Church Offers Peyote-Induced Spiritual Journeys”

•  Peyote Way Church of God, Inc. v. Thornburgh, 922 F.2d 1210 (5th Cir. 1991)

•  Los Angeles Times, “Why are some Native Americans fighting efforts to decriminalize peyote?”