PEYOTE

PEYOTE 

Archeological evidence shows that peyote has been used in North America for over 10,000 years.  Plant remains have been found in human sites dating from 8,500 BC.  The ancient Colima culture of 2,000 years ago has prolific art showing the use of peyote.  Peyote came to European attention when Hernan Cortes conquered the Aztec civilization of central Mexico in 1559.  His appointed archbishop, Juan de Zumarraga, searched throughout the empire for information about their civilization and burned thousands of documents, including a tremendous store of knowledge of plants and medicines.

The Franciscan friar Bernardino de Sahagun accompanied the conquistadors.  Fortunately for historians, he was a better naturalist than missionary, and recognized the value of the information that was about to be lost.  He worked tirelessly with Aztec physicians to record their medical practices and after decades of effort, produced the monumental Historia General de las Cosas de Nueva Espana (General History of Things of New Spain).  In this work, he described a cactus used by the Chichimecas,  “which they call peyotl, and those who drank it took it in place of wine.”  He went on to write “it is like a food to the Chichimecas, which supports them and gives them courage to fight and they have neither fear, nor thirst, nor hunger, and they say that it protects them from every danger.

The new conquerors were not pleased to learn of a plant, which gave courage and removed fear and hunger.  In 1571, a harsh repression began of all traditional religious practices, and in 1620, the use of peyote was declared to be the work of the devil.  In the eyes of the government, peyote was as evil as murder and cannibalism and its use severely punished, sometimes by death.

Although peyote was repressed, it continued to be used secretly by healers and shamans, and more openly by remote tribes including the Yaqui, Cora and Tepecano.  Two tribes in particular, the Huichole and the Tarahumara have carried the peyote tradition up to the present as a central, dominant feature of their culture.

The Huichole tribe now consists of about 25,000 people who live in the Sierra Madre Occidental mountain region of northwestern Mexico.  Most of their sacred practices revolve around the use of peyote, which they hold as the physical manifestation of God.  Peyote, they believe, “will give one heart” and greatly increases Kupuri, the energy force that creates life.  Because the cactus does not grow in their territory, Huichole’s travel hundreds of miles to the peyote fields each year in a ritualistic journey that involves prayer, abstinence, and celebration.  Their annual pilgrimage is made at the end of the rainy season, in October or November.  A Huichole shaman, the Mara’akame, who is in contact with Tatewari, the grandfather-fire, also known as Hikuri, the Peyote-God, leads the pilgrimage.  For the Huichole, peyote is much more than an intoxicant; it is a central feature of their lives.  They pray to it, tell stories and dance to it, and use it for all types of illnesses, even childbirth, and rub the juices of fresh peyote into wounds to prevent infection and promote healing.

The Tarahumara historically lived north of the Huichole in the Sierra Madre Occidental, but now many of the 50,000 members of the tribe have migrated to the hills and plains southwest of the city of Chihuahua.  Tarahumaras are famous as great distance runners, delighting in 20 to 40 mile races over rugged mountain trails.  Their races are not only for sport but also have religious meaning.  Athletes carry only a little leather pouch containing peyote, which they use for endurance and to keep focused on the meditative spirit of the run.  While the outward ritual of their peyote use is different from the Huichole, they share the belief that peyote is the flesh of God.

 

 

NATIVE AMERICAN CHURCH – Higher Court Rulings

NATIVE AMERICAN CHURCH – Higher Court Rulings 

 

CENTRO ESPIRITA BENEFICENTE UNIAO DO VEGETAL (UDV) v. UNITED STATES – Unanimous Ruling, November 1, 2005

“The Supreme Court heard oral arguments November 1, 2005, and issued its opinion February 21, 2006, finding that the Government failed to meet its burden under RFRA that barring the substance served a compelling government interest.”

“The court also disagreed with the government’s central argument that the uniform application of the Controlled Substances Act (CSA) does not allow for exceptions for the substance in this case, as Native Americans  are given exceptions to use Peyote, another Schedule I substance

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STATE OF UTAH SUPREME COURT UNANIMOUS RULING, June 22, 2004 – State of Utah v. James W. Mooney, aka James W.B.E. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc.,  

“2 We therefore rule that the exemption is available to all members of the Native American Church

“We hold that the federal Religious Peyote Exemption found at 21 C.F.R. 1307.31 has been incorporated into the Utah Controlled Substances Act” 

“On its face, the federal regulation does not restrict the exemption to members of federally recognized tribes. We therefore rule that the exemption is available to all members of the Native American Church

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UNITED STATES ATTORNEY GENERAL OFFICE – Memorandum to the Drug Enforcement Administration – 12/07/2000  

“Our research has identified no religious organizations, other than the NAC, which would qualify for the exemption under these or similar procedural and substantive requirements.  It seems unlikely, therefore, that in practice the peyote exemption need be expanded beyond an exemption for the NAC.” 

“If, however, a group does appear which can establish that it is a bona fide religion in which the actual use of peyote is central to established religious beliefs, practices, dogmas, or rituals, your agency is obligated to accord it the exemption under the current statutory scheme.”

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UNITED STATES TENTH FEDERAL CIRCUIT COURT OF APPEALS UNANIMOUS RULING, May 10, 1990 – United States v Robert Boyll
 
Nowhere is it even suggested that the exemption applies only to Indian members of the Native American Church.  Had the intention been to exclude non-Indian members, as the United States argues, the language of the exemption would have so clearly provided.  Indeed, the federal peyote exemption makes no reference whatsoever to a racial exclusion”  
“The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians’ non-drug use of peyote in bona fide religious ceremonies of Native American church, but prohibiting such use by non-Indians, would violate free exercise and equal protection clauses; (2) compelling interest test applied to free exercise challenge to prosecution of non-Indian member, and (3) prosecution would violate free exercise clause. Motions granted..