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Thursday, September 03, 2009
Religious Peyote Exemption Does Not Invalidate Federal Drug Laws
In United States v. Valazquez, 2009 U.S. Dist. LEXIS 77946 (WD OK, Aug. 31, 2009), a defendant facing federal drug charges argued that the federal controlled substances laws are unconstitutional because of the exemption they grant to the Native American Church for the use of peyote. Relying on several previously decided cases, the court held that the exemption does not violate the Establishment Clause. It also rejected a 5th Amendment equal protection challenge because defendant did not show that he was similarly situated. His possession of methamphetamine was not related to his religious beliefs or practices.