American Indian Religious Freedom Act Amendments of 1994
PL 103-344 (H.R.4230), enacted 10/06/1994

PUBLIC LAW 103-344—OCT. 6, 1994 
108 STAT. 3125 
Public Law 103-344 
103d Congress 
An Act 
To amend the American Indian Religious Freedom Act to provide for the traditional 
use of peyote by Indians for religious purposes, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "American Indian Religious Free-
dom Act Amendments of 1994". 
SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE 
SACRAMENT. 
The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred 
to as the "American Indian Religious Freedom Act", is amended 
by adding at the end thereof the following new section: 
"SEC. 3. (a) The Congress finds and declares that— 
"(1) for many Indian people, the traditional ceremonial 
use of the peyote cactus as a religious sacrament has for cen-
turies been integral to a way of life, and significant in 
perpetuating Indian tribes and cultures; 
"(2) since 1965, this ceremonial use of peyote by Indians 
has been protected by Federal regulation; 
"(3) while at least 28 States have enacted laws which 
are similar to, or are in conformance with, the Federal regula-
tion which protects the ceremonial use of peyote by Indian 
religious practitioners, 22 States have not done so, and this 
lack of uniformity has created hardship for Indian people who 
participate in such religious ceremonies; 
"(4) the Supreme Court of the United States, in the case 
of Employment Division v. Smith, 494 U.S. 872 (1990), held 
that the First Amendment does not protect Indian practitioners 
who use peyote in Indian religious ceremonies, and also raised 
uncertainty whether this religious practice would be protected 
under the compelling State interest standard; and 
"(5) the lack of adequate and clear legal protection for 
the religious use of peyote by Indians may serve to stigmatize 
and marginalize Indian tribes and cultures, and increase the 
risk that they will be exposed to discriminatory treatment. 
"(b)(1) Notwithstanding any other provision of law, the use, 
possession, or transportation of peyote by an Indian for bona fide 
traditional ceremonial purposes in connection with the practice 
of a traditional Indian religion is lawful, and shall not be prohibited 
by the United States or any State. No Indian shall be penalized 
or discriminated against on the basis of such use, possession or 
Oct. 6, 1994 
[H.R. 4230] 
American 
Indian Religious 
Freedom Act 
Amendments of 
1994. 
42 use 1996 
note. 
42 use 1996a. 
108 STAT. 3126 
PUBLIC LAW 103-344—OCT. 6, 1994 
transportation, including, but not limited to, denial of otherwise 
applicable benefits under public assistance programs. 
"(2) This section does not prohibit such reasonable regulation 
and registration by the Drug Enforcement Administration of those 
persons who cultivate, harvest, or distribute peyote as may be 
consistent with the purposes of this Act. 
"(3) This section does not prohibit application of the provisions 
of section 481.111(a) of Vernon's Texas Health and Safety Code 
Annotated, in effect on the date of enactment of this section, insofar 
as those provisions pertain to the cultivation, harvest, and distribu-
tion of peyote. 
"(4) Nothing in this section shall prohibit any Federal depart-
ment or agency, in carrying out its statutory responsibilities and 
functions, from promulgating regulations establishing reasonable 
limitations on the use or ingestion of peyote prior to or during 
the performance of duties by sworn law enforcement officers or 
personnel directly involved in public transportation or any other 
safety-sensitive positions where the performance of such duties 
may be adversely affected by such use or ingestion. Such regulations 
shall be adopted only after consultation with representatives of 
traditional Indian religions for which the sacramental use of peyote 
is integral to their practice. Any regulation promulgated pursuant 
to this section shall be subject to the balancing test set forth 
in section 3 of the Religious Freedom Restoration Act (Public Law 
103-141; 42 U.S.C. 2000bb-l). 
"(5) This section shall not be construed as requiring prison 
authorities to permit, nor shall it be construed to prohibit prison 
authorities from permitting, access to peyote by Indians while incar-
cerated within Federal or State prison facilities. 
"(6) Subject to the provisions of the Religious Freedom Restora-
tion Act (Public Law 103-141; 42 U.S.C. 2000bb-l), this section 
shall not be construed to prohibit States from enacting or enforcing 
reasonable traffic safety laws or regulations. 
"(7) Subject to the provisions of the Religious Freedom Restora-
tion Act (Public Law 103-141; 42 U.S.C. 2000bb-l), this section 
does not prohibit the Secretary of Defense from promulgating regu-
lations establishing reasonable limitations on the use, possession, 
transportation, or distribution of peyote to promote military readi-
ness, safety, or compliance with international law or laws of other 
countries. Such regulations shall be adopted only after consultation 
with representatives of traditional Indian religions for which the 
sacramental use of peyote is integral to their practice. 
"(c) For purposes of this section— 
"(1) the term 'Indian' means a member of an Indian tribe; 
"(2) the term 'Indian tribe' means any tribe, band, nation, 
pueblo, or other organized group or community of Indians, 
including any Alaska Native village (as defined in, or estab-
lished pursuant to, the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.)), which is recognized as eligible for 
the special programs and services provided by the United States 
to Indians because of their status as Indians; 
"(3) the term 'Indian religion' means any religion— 
"(A) which is practiced by Indians, and 
"(B) the origin and interpretation of which is from 
within a traditional Indian culture or community; and 
"(4) the term 'State' means any State of the United States, 
and any political subdivision thereof. 
PUBLIC LAW 103-344—OCT. 6, 1994 
^ 
108 STAT. 3127 
"(d) Nothing in this section shall be construed as abrogating, 
diminishing, or otherwise affecting— 
"(1) the inherent rights of any Indian tribe; 
"(2) the rights, express or implicit, of any Indi£in tribe 
which exist under treaties, Executive orders, and laws of the 
United States; 
"(3) the inherent right of Indians to practice their religions; 
and 
"(4) the right of Indians to practice their religions under 
any Federal or State law.". 
Approved October 6, 1994. 
LEGISLATIVE HISTORY—H.R. 4230: 
HOUSE REPORTS: No. 103-675 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Aug. 8, considered and passed House. 
Sept. 26, considered and passed Senate.