Vine of Enlightenment is exactly on par with these rulings. Its your rights. Our protected rights. Native American Churches are legal. NAC. We are a legal branch of Oratory Mystical Sacraments. OMS
It is imperative that any officer of the law respect these rights and freedoms as stated below:
That providing the holder of this card is not in violation of the VOE Code of Ethics, any infringement of an VOE member’s civil liberties either through a conspiracy or any act working under the ‘color of law’ holds grievous consequences for said violator. This person is legal to possesses and use VOE religious sacraments as outlined as NAC Native American Churches. Peyote, Psilocybin, Ayahuasca and all other earth based sacraments. The holder of this card is in no violation of any law.
UNITED STATES TENTH FEDERAL CIRCUIT COURT OF APPEALS UNANIMOUS RULING, May 10, 1990 – United States v Robert Boyll
“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”
“The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians’ non-drug use of peyote in bona fide religious ceremonies of Native American church, but prohibiting such use by non-Indians, would violate free exercise and equal protection clauses; (2) compelling interest test applied to free exercise challenge to prosecution of non-Indian member, and (3) prosecution would violate free exercise clause. Motions granted..“
UNITED STATES ATTORNEY GENERAL OFFICE – Memorandum to the Drug Enforcement Administration – 12/07/2000
“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.”
“If, however, a group does appear which can establish that it is a bona fide religion in which the actual use of peyote or other sacraments is central to established religious beliefs, practices, dogmas, or rituals, your agency is obligated to accord it the exemption under the current statutory scheme.”
STATE OF UTAH SUPREME COURT UNANIMOUS RULING, June 22, 2004 – State of Utah v. James W. Mooney, aka James W.B.E. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc.,
“2 We therefore rule that the exemption is available to all members of the Native American Church“
“We hold that the federal Religious Peyote Exemption found at 21 C.F.R. 1307.31 has been incorporated into the Utah Controlled Substances Act”
“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“
CENTRO ESPIRITA BENEFICENTE UNIAO DO VEGETAL (UDV) v. UNITED STATES – Unanimous Ruling, November 1, 2005
“The Supreme Court heard oral arguments November 1, 2005, and issued its opinion February 21, 2006, finding that the Government failed to meet its burden under RFRA that barring the substance served a compelling government interest.”
“The court also disagreed with the government’s central argument that the uniform application of the Controlled Substances Act (CSA) does not allow for exceptions for the substance in this case, as Native Americans are given exceptions to use Peyote, and other Schedule I substance“
Title 21 C.F.R. 1307.31 – PART 1307 — MISCELLANEOUS
SPECIAL EXEMPT PERSONS – §1307.31 Native American Church
The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law.
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 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