According to the co-founder of the Oklevueha Native American Church (ONAC) James Warren "Flaming Eagle" Mooney can use any "Earth-based healing herb for use in ceremony". Any member use it, transport it in their cars, have it in their homes, and use it in their own ceremonies on their property and any federal land.  A landmark ruling just came down that states a person does not have to be Native American to join the Oklehuevha Native American Church. This was done in the State of Mormon ruled Utah.

Consequences to the State for not honoring Native American Church Constitutional Rights

Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.


Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law


This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


Opinion and Rulings

Memorandum FOR: William M. Lenck Chief counsel, Drug Enforcement Administration, FROM: Theodore B. Olson, Assistant Attorney General Office of Legal Counsel. December 2, 1981

“We conclude that an exemption limited to American Indians might well be unconstitutional.”

“An exemption for Indian religious use of peyote would not be grounded in the unique political status of Indians. Instead, the exemption would be based on the special culture and religion of the Indians. In this respect, Indian religion cannot be treated differently than other religions” Page 22,

"Our research has identified no religious organizations, other than the NAC, which would qualify for the exemption under these or similar procedural and substantive requirements. It seems unlikely, therefore, that in practice the peyote exemption need be expanded beyond an exemption for the NAC." Page 24,

United States v. Robert Boyll Case, May 10, 1990
“Nowhere is it even suggested that the exemption applies only to Indian members of the Native American Church. Had the intention been to exclude non-Indian members, as the United States argues, the language of the exemption would have so clearly provided. Indeed, the federal peyote exemption makes no reference whatsoever to a racial exclusion”

State of Utah v. James W. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc. June 22, 2004

“We reverse the trial court's decision, holding that Utah law incorporates a federal regulation exempting from prosecution members of the Native American Church who use peyote in bona fide religious ceremonies. On its face, the federal regulation does not restrict the exemption to members of federally recognized tribes. We therefore rule that the exemption is available to all members of the Native American Church.”

Attorney General v. Centro Espirita Beneficente Uniao Do Vegetal, November 1, 2005 “Congress enacted the Religious Freedom Restoration Act of 1993 (RFRA)” “RFRA prohibits the Federal Government from substantially burdening a person’s exercise of religion”

State of Utah vs. Jeff Gardner, CASE NUMBER 095002782 Misdemeanor DUI, POSSESSION OF DRUG PARAPHERNALIA (Pipe with Cannabis Resin in it), Class B Misdemeanor, June 7, 2010
“Defense Attorney Motioned to Dismiss Possession of Drug Paraphernalia” “He (Defendant) testified to belonging to the Native American Church. Prosecution objected” Defense Attorney argued. Judge noted that defendant had to be “blood Native American” “Defense Attorney argued” “Defense Attorney looked for case that showed that you did not have to be “blood” (State v. Oklevueha Native American Church submitted to the court) Motion sustained. “Prosecution had no objection to preferring defendants' proof of membership to church. Defendant entered Exhibit #1,Membership card. State rested.”


Oklevueha Native American Church of Hawaii v. Holder, June 25, 2010
The court dismissed an injunction because the Federal Government has no intent to arrest, prosecute and/or confiscate the Churches Sacrament (Cannabis)

“Complaint was devoid of any threat of prosecution. Id. Although cannabis had been seized in June 2009, the court noted that neither Mooney nor anyone else associated with Oklevueha had ever been threatened with prosecution in connection with that seizure” “The court, however, does not dismiss the claim for return of or compensation ($7,000.00) for the cannabis allegedly seized”