Possession and sale of peyote; classification
Applied in 3 court decisions — leading case Employment Division Department of Human Resources of Oregon v. L Smith (1990)
Most recently applied in United States v. Boyll (September 1991)
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A. A person who knowingly possesses, sells, transfers or offers to sell or transfer peyote is guilty of a class 6 felony.
B. In a prosecution for violation of this section, it is a defense that the peyote is being used or is intended for use:
1. In connection with the bona fide practice of a religious belief, and
2. As an integral part of a religious exercise, and
3. In a manner not dangerous to public health, safety or morals.
Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.