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Notice to Law Enforcement

 NOTICE TO LAW ENFORCEMENT

PLEASE NOTE THE PERSON CARRYING THIS OKLEVUEHA NATIVE AMERICAN CHURCH (ONAC) CARD, (PROVIDED THE NAME MATCHES OTHER IDENTIFICATION EVIDENCE), IS A MEMBER OF OKLEVUEHA NATIVE AMERICAN CHURCH.

This person is protected under the First Amendment of the U.S. Constitution.

This membership provides the carrier with specific rights in connection with certain controlled substances used as sacred sacraments within the Native American Church. If the card specifies membership, they are allowed to possess and carry enough medicine (sacrament) for personal use.

The sacraments typically used by ONAC members include peyote, cannabis, San Pedro, cedar, sage, psilocybin mushrooms, ayahuasca, and other natural plant sacraments.

Personal use for cannabis is 2 ounces and psilocybin is 3 grams. For additional details please read “Sacraments – Personal Ceremonial Use Requirements and Limitations“

Limitations on personal cultivation of sacraments can be found on “Cultivation Guidelines for ONAC Sacraments.”


If the card specifies “Medicine Person” they may carry enough to share at a ceremony with the people expected to be there.

If the card specifies “Custodian” they are authorized to carry larger amounts from our church to individual medicine people. Ayahuasca may only be transported by medicine persons or custodians.

Possession of a valid ONAC membership card does not protect the member from existing traffic laws including driving while impaired, speeding or reckless driving. It does protect them from prosecution for possession of the items listed above and in the following ways.

It is imperative that any officer of the law respect these rights and freedoms as stated below:

  • That this ONAC member has proven him or herself to be a sincere follower and/or worshiper of the indigenous Native American Earth Based Healing Religion, known as the Native American Church, first incorporated in 1918. In 1876 President Ulysses S. Grant signed into law the Dawes Act, in relationship with the Lakota Sioux Rosebud Reservation, designating the Lakota Sioux religious practices of the Rosebud Native American Church of South Dakota as an earth based healing religion and that the temple of this religion is the planet earth and ‘every substance’ provided by the earth is sacred and is to be utilized as a Sacrament. ONAC is an extension of the Native American Church Rosebud of South Dakota, March 20, 1998.
  • That providing the holder of this card is not in violation of the ONAC Code of Ethics, any infringement of an ONAC member’s civil liberties either through a conspiracy or any act working under the ‘color of law’ holds grievous consequences for said violator

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

 

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