Native American Church Peyote Exemption
RegulatoryA federal carve-out (21 CFR § 1307.31, reinforced by a 1994 amendment to the American Indian Religious Freedom Act) allowing enrolled members of federally recognized tribes to use, possess, and transport peyote for bona fide traditional ceremonial purposes, despite peyote's Schedule I status. The only organized religious body in the U.S. with this specific legal protection.
Example: The protection exists because of a fight, not a given: the Supreme Court's 1990 ruling in Employment Division v. Smith — which denied unemployment benefits to a Native American Church member fired for peyote use — prompted Congress to pass the 1994 AIRFA amendment specifically to restore this exemption.
What is the Native American Church Peyote Exemption?
A federal carve-out (21 CFR § 1307.31, reinforced by a 1994 amendment to the American Indian Religious Freedom Act) allowing enrolled members of federally recognized tribes to use, possess, and transport peyote for bona fide traditional ceremonial purposes, despite peyote's Schedule I status. The only organized religious body in the US with this specific legal protection.
Why does this exemption exist?
It exists because of a fight, not a given: the Supreme Court's 1990 ruling in Employment Division v. Smith — which denied unemployment benefits to a Native American Church member fired for peyote use — prompted Congress to pass the 1994 AIRFA amendment specifically to restore this exemption.