Monday, October 06, 2014

Appeals Court Upholds Finding That Peyote Was Not Held For Religious Use

In People v. Marbain, 2014 Cal. App. Unpub. LEXIS 7012 (CA App., Sept. 29, 2014), a California appellate court affirmed a trial court's denial of a motion by an officer of a local chapter of the Native American Church seeking return of peyote seized at multiple residences.  The appeals court held that the trial court was justified in concluding that the peyote was not intended for religious use because of substantial quantities of marijuana also found at defendant's residences.