§1996a Traditional Indian Religious Use of Peyote

Summary

Makes it legal for an Indian to use, possess, or carry peyote for real traditional religious ceremonies. The United States and any State must not ban or punish Indians for that use or treat them unfairly, including denying public benefits. Congress says peyote use has been an important part of Indian religions for centuries, was protected by federal rules since 1965, and that a 1990 Supreme Court decision (Employment Division v. Smith, 494 U.S. 872) created uncertainty. The law still allows the Drug Enforcement Administration to reasonably regulate people who grow, harvest, or sell peyote, and it lets agencies set safety limits for sworn law enforcement and public-transportation workers after talking with tribal religious representatives and following the balancing test in the Religious Freedom Restoration Act (Public Law 103–141; 42 U.S.C. 2000bb–1). It also says prison officials are neither required nor forbidden to allow peyote in prison, States may enforce reasonable traffic safety laws (subject to RFRA), and the Secretary of Defense may set limits for military readiness (subject to RFRA and consultation). Definitions in one line each: “Indian” = a member of an Indian tribe; “Indian tribe” = an organized Indian group recognized by the United States; “Indian religion” = a religion practiced by Indians that comes from traditional Indian culture; “State” = any U.S. State or its political subdivisions. The law does not take away tribal rights, treaty or statutory rights, or the right of Indians to practice their religions.