Dave Hamblin says peyote saved his life.

A psychologist, Hamblin was riddled with guilt eight years ago from having engaged in inappropriate consensual sex with clients.

That's when Hamblin, a Caucasian who says he is about 4 percent Wampanoaga Indian, met James and Linda Mooney, founders of the Oklevueha EarthWalks Native American Church of Utah in Benjamin.

Hamblin said the Mooneys introduced him to peyote, which he calls "the healing medicine," and showed him the "red path" to forgiveness.

"I can assure you that I speak for many, many people who in fact love this tradition and honor it," Hamblin told the Senate Judiciary Committee on Monday morning. "It saved my life. ... It opens you up spiritually."

Hamblin, who says he is now a spiritual leader in the church, and James Mooney both testified against a proposal from Rep. Curt Oda, R-Clearfield, that would limit the use of peyote, a hallucinogenic cactus, in Utah to the religious ceremonies of federally recognized Indian tribes.

Despite their pleas, as well as constitutional concerns raised by some members, the committee voted unanimously to forward the bill to the Senate floor with a favorable recommendation. The bill, which passed the Senate but was not voted on by the House in last year's session, already has cleared the House this year.

It was drafted in response to a Utah Supreme Court ruling that overturned a lower court's conviction of the Mooneys on charges of drug distribution, filed in 2000 after they gave peyote to members of their church and visitors. The Supreme Court said Utah code did not include portions of federal code restricting peyote use.

"The purpose of this is to coordinate state code to federal code to recognize authorized use and eliminate any unauthorized use," Oda told the committee. "There are those who've been making an absolute mockery of Native Americans."

The Mooneys' church is not a federally recognized tribe, and in a pending federal suit against them, prosecutors claim James Mooney's membership in a tribe was fraudulently obtained.

During his testimony before the committee, Mooney denied that.

Sen. Dave Thomas, R-South Weber, and Sen. Greg Bell, R-Fruit Heights, both of whom are attorneys, said ordinarily the bill would violate the U.S. Constitution's freedom of religion and equal protection provisions.

However, they said it could be constitutional if tribes are considered a "special class" because they entered into treaties with the U.S. government in the early 1900s.

Committee members said they would research the issue further before the bill is debated by the full Senate.

John Wright can be reached at jwright@standard.net.

HB 60: Controlled Substance Amendments

Rep. Curt Oda, R-Clearfield

This bill would amend state law to clarify the scope of the exception established for the ceremonial use of peyote by American Indians in traditional American Indian religion.

This story appeared in The Daily Herald on page D3.