Question

As a state parole officer, you staunchly support your state’s drug control laws. Any parolees on your caseload that test positive for any controlled dangerous substance are promptly taken into custody and set for a parole revocation hearing. Harold Running Bull, a Native American, has recently been assigned to you. His first urine sample tests positive for the presence of the hallucinogen peyote. You call the authorities to have Running Bull arrested when he reports to your office. Running Bull states that he uses peyote only as part of his religious ceremonies. Answer the following questions:

• How would you go about investigating Running Bull’s claim that his positive drug test was a result of religious peyote use?
• If Running Bull’s statement is true, is his use of peyote for religious purposes exempt from the consequences of a positive drug test under the law?
• What are the implications of this case for religious freedom?

Answer 1

Peyote is obtained from the cactus plant the top of the plant contains mescaline that is an alkaloid drug. It comes under schedule A. It gives the effect of hallucination. The use of this drug is found in Hindu religious books and in the Native American Church known as Peyote religion.

It is often used in religious ceremonies among North American Indians it gives the effect of hallucination and one feels closer to God. From the mid-19th century, the people of the Great Plains started using this on a large scale. Although there were not many people who used to follow it, after 1891 it spread in many indigenous tribes and was being used as a ceremonial drug that gives vision and enables one to be closer to God.

Ans. 1. Peyote is classified under Schedule I drug in the Controlled Substances Act of 1970 (CSA) being addictive and harmful substance.

Peyote is used by the NAC they follow Peyote religion where it is used as a means to realize God and feel his presence.

Except for Peyote religion of North American Church and few bonafide religions carrying, transporting and using peyote is illegal and the person will be jailed.

Harold Running Bull, who is a Native American, has to prove that he is the follower of peyote religion and he had used it as a religious ritual

In the US under DEA (Regulation of the Drug Enforcement Administration), the people following peyote religion and other bonafide religions where peyote is used under religious ceremonies have got an exemption from the controls and sanctions of the Controlled Substances Act of 1970 (CSA), It also does not violet the first amendment of the constitution.