Members of the Senate Judiciary Committee signed off on Clearfield Republican Rep. Curt Oda's HB60, which limits use of the hallucinogenic cactus to members of federally recognized American Indian tribes who use it as part of their religion. But they did it with misgivings.

Senators questioned whether HB60, based on decades-old treaties between the tribes and the U.S. government, actually violates constitutional principles and case law protecting religious practice.

"It's still awfully murky," said Sen. Mark Madsen, R-Lehi.

The federal American Indian Religious Freedom Act Amendments of 1994 restricts use of peyote to tribal members. Oda says his legislation mirrors that law. Utah's Ute Tribe, Navajo Nation and Forest Cuch, director of the state Division of Indian Affairs, support Oda's bill.

Police seized 12,000 peyote buttons during a 2000 raid on Mooney's home and Utah County charged him and his wife with a dozen felony drug counts. Those state charges were dropped in 2004 when the Utah Supreme Court ruled Utah's drug law was ambiguous and the Mooneys and other members of the Native American Church, regardless of race, could use peyote. Mooney still faces charges from federal prosecutors who question his claims to be a Seminole Indian.

Mooney said a handful of vindictive tribal leaders are trying to block his religious exercises through Oda. State interference is "distorting this beautiful sacrament," he said.

But Assistant Attorney General Kris Leonard told lawmakers Utah's statute has a gap in it.

Currently, "you do not need to have any Native American blood in you at all to use peyote," Leonard said. "We are closing that loophole."