37-2732A. SACRAMENTAL USE OF PEYOTE PERMITTED. The criminal sanctions provided in this chapter do not apply to that plant of the genus Lophophora Williamii commonly known as peyote when such controlled substance is transported, delivered or possessed to be used as the sacrament in religious rites of a bona fide native American religious ceremony conducted by a bona fide religious organization; provided, that this exemption shall apply only to persons of native American descent who are members or eligible for membership in a federally recognized Indian tribe. Use of peyote as a sacrament in religious rites shall be restricted to Indian reservations as defined in subsection (2) of section 63-3622Z, Idaho Code. A person transporting, possessing or distributing peyote in this state for religious rites shall have on their person a tribal enrollment card, a card identifying the person as a native American church member and a permit issued by a bona fide religious organization authorizing the transportation, possession and distribution of peyote for religious rites.
History:
[37-2732A, added 1991, ch. 125, sec. 1, p. 279.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 27 - UNIFORM CONTROLLED SUBSTANCES
Section 37-2732 - PROHIBITED ACTS A — PENALTIES.
Section 37-2732A - SACRAMENTAL USE OF PEYOTE PERMITTED.
Section 37-2732B - TRAFFICKING — MANDATORY SENTENCES.
Section 37-2732C - USING OR BEING UNDER THE INFLUENCE — PENALTIES.
Section 37-2733 - PROHIBITED ACTS B — PENALTIES.
Section 37-2734 - PROHIBITED ACTS C — PENALTIES.
Section 37-2734A - PROHIBITED ACTS D — PENALTIES.
Section 37-2734B - PROHIBITED ACTS E — PENALTIES.
Section 37-2734C - PROHIBITED ACTS F — PENALTIES.
Section 37-2735 - PENALTIES UNDER OTHER LAWS.
Section 37-2735A - DRUG HOTLINE FEE.
Section 37-2736 - BAR TO PROSECUTION.
Section 37-2737 - DISTRIBUTION TO PERSONS UNDER AGE 18.
Section 37-2737A - MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT.
Section 37-2738 - SENTENCING CRITERIA IN DRUG CASES.
Section 37-2739 - SECOND OR SUBSEQUENT OFFENSES.
Section 37-2739A - MANDATORY MINIMUM PENALTY.
Section 37-2739B - FIXED MINIMUM SENTENCES IN DRUG CASES.
Section 37-2739C - MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION.