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'Medicine man' arrested, charged in peyote flap
Friday, June 24, 2005

A self-described "medicine man" from Utah was arrested and charged on Thursday for illegal possession and distribution of peyote and for misrepresenting himself as an American Indian in order to obtain the hallucinogen.

A federal grand jury indicted James "Flaming Eagle" Mooney, 61, his wife and another "medicine man" for their use of peyote. The drug is considered illegal except for federally recognized tribal members who belong to the Native American Church.

Mooney and his co-conspirators don't qualify, federal authorities say. Yet Mooney held himself out as a bona-fide church member in order to obtain peyote, they say. Mooney claims Seminole ancestry but is not a member of any federally recognized tribe.

The federal charges come after Mooney was cleared of violating state law against peyote. The Utah Supreme Court said the language of the law doesn't prohibit non-Indians who claim to belong to the church.

Mooney started the Oklevueha Earthwalks Native American Church, which is not accepted as legitimate by other Native American Church leaders. The Utah Native American Church said it welcomes the prosecution of Mooney.

Get the Story:
Peyote advocate charged with illegal possession, distribution (The Salt Lake Tribune 6/24)
Utah trio indicted on peyote charges (AP 6/24)
Mooneys arrested for distribution, possession of peyote (The Provo Daily Herald 6/24)

Peyote Decision:
State of Utah v. Mooney (June 22, 2004) (7/12)

Relevant Links:
Utah Native American Church - http://www.utah-nac.org

Related Stories:
'Medicine man' claimed Indian heritage in his 40s (05/23)
Peyote seized from 'medicine man' in federal custody (05/06)
Utah man sues county for return of seized peyote (4/28)
Supreme Court takes drug case tied to peyote use (04/19)
Supreme Court reviews case compared to peyote (04/14)
Religious group wins case tied to peyote use (11/16)
Navajo Nation peyote, meth legislation on hold (11/11)
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U.S. may prosecute Native American Church figure (08/31)
Non-Indian peyote case could head to Supreme Court (08/16)
Ruling allows non-Indians to use peyote in Utah (06/23)
Utah Supreme Court hears arguments in peyote case (11/5)
Utah 'medicine' man at center of court battles (08/26)
Peyote limited to recognized U.S. Natives (5/7)
Peyote against tea dispute heats up (1/24)
Case compared to Native American Church (10/30)
Peyote use disputed in Utah (5/18)
Man prevented from using peyote (5/10)
'Medicine man' settles lawsuit (3/30)
Peyote: For Indians Only? (1/8)
Peyote raid raises questions (7/17)
The Peyote Exemption (7/17)
Police seize peyote (7/12)

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