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Honoring 40 Years of Mission Readiness
Peyote In 1996, Congress enacted legislation that allowed for the use of peyote (a very mild hallucinogenic drug) by Native Americans for sacramental purposes. Congress directed the federal government, including the military, to accommodate peyote use as an element of religious practice. This legislation applies only to peyote - no other hallucinogenic - and extends only to bona fide members of Native American tribal groups. The relevant text is contained in U.S. Code Title 42, Chapter 21, Subchapter I, §1996a:  § 1996a. Traditional Indian religious use of peyoteShortly after Congress enacted the legislation allowing the sacramental use of peyote, on 25 April 1997, the Assistant Secretary of Defense for Force Management Policy issued a memorandum that provides guidance to the military departments regarding religious accommodation and the use of peyote. It serves as DOD's implementing regulation in lieu of an applicable DOD Directive. Sacramental Use of Peyote by Native American Service Members (25 April 1997)
Service-specific regulations regarding peyote ArmyThe Army uses as its guiding document the 1997 memorandum issued by the Assistant Secretary of Defense (FMP). Sacramental Use of Peyote by Native American Service Members (25 April 1997)Navy OPNAVINST 5350.4C (Drug and Alcohol Abuse Prevention and Control); see p. 15. Note that ref. (n), cited in subparagraph a, is DOD Directive 1300.17 of 3 Feb 88 (NOTAL); Reference (o) is Section 1996a of U.S. Code 42. OPNAVINST 5350.4C CH-3SECNAVINST 5510.35A (Nuclear Weapon Personnel Readiness Program); see paragraph 2.b(3) and paragraph 4.b(3). SECNAVINST 5510.35AAir Force The Air Force uses as its guiding document the 1997 memorandum issued by the Assistant Secretary of Defense (FMP). Sacramental Use of Peyote by Native American Service Members (25 April 1997)On 13 May 1997, the Judge Advocate General of the Air Force issued a memorandum citing the guidance provided in ASD(FMP) memorandum of 25 April 1997. Sacramental Use of Peyote by Native American Service Members (25 April 1997)DODR 5210.42/AFMAN 10-3902, paragraph C5.1.2.1.7, and DODI 5210.89/AFI 10-3901, paragraph E4.4.2.1.4, address personnel within the Nuclear PRP and the Biological Security Program. DODR 5210.42/AFMAN 10-3902 DODI 5210.89_AFI 10-3901Coast Guard As a subset of the Department of Homeland Security, the USCG presumably is subject to U.S. Code Title 42, Chapter 21, Subchapter I, §1996a: § 1996a. Traditional Indian religious use of peyoteOPNAVINST 5350.4C may apply to the Coast Guard when operating as a service in the Navy under U.S.C. Title 14, Part I, Chapter 1, § 3 (Relationship to Navy Department). Marine Corps The Marine Corps uses as its guiding document the 1997 memorandum issued by the Assistant Secretary of Defense (FMP). § Sacramental Use of Peyote by Native American Service Members (25 April 1997)
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