There is currently a pinching issue of religious discrimination in the United States, but it’s one that’s hardly ever mentioned because it touches on two taboos. It bites the apple of both psychedelic drugs and the delicate issue of preserving Native American culture made threadbare by generations of abuse and neglect by U.S. policies. At the core of the issue is the peyote cactus, a southwestern desert plant and well-known hallucinogen that is currently a Schedule I substance under Drug Enforcement Agency guidelines.

As Nixon strove to divert public attention away from incinerated Vietnamese children, the modern War on Drugs was born. It is no surprise that peyote was included in the list of hippy candy that made up the 1970 Controlled Substances Act. But whereas the protests against illegal weed and acid could be quashed by terrified suburbanites supporting Nixon’s bullshit, certain protests over the psychedelic cactus were not so easily ignored. The most pernicious griping came from southwestern Native American organizations that objected to the prohibition of a substance central to their spiritual belief system for generations. As a reaction to the claim that crimilaizing the cactus violated the Free Exercise Clause of the First Amendment, a loophole was formed in federal drug policy regarding peyote. Currently, peyote cultivation and use is protected under a 1990s court decision that stipulates exception from Schedule I status on the condition it be used as part of “bonafide religious ceremonies.”

Although any step towards decriminalization is a positive one in my book, there are few court decisions more profoundly idiotic than this. As things stand right now, while individuals belonging to the Native American Church can chomp the psychedelic cactus and trip out under the desert night with impunity, anyone who doesn’t belong to the various facets of this animist cult could face jail sentences just for nibbling on the little green monster or holding it in a pocket. How is it that someone who has done extensive research on and is well-informed of the chemistry and effects of peyote is not allowed to ingest the plant simply because he or she doesn’t belong to a religious organization? This is no different than saying only Catholics can drink wine because of its use in the Eucharist or only Jews can eat matzo. Admittedly, neither of those victuals provide a psychedelic experience, but to license the use of a particular commodity to a specific group of Americans based on belief is decidedly un-American.

The willingness of the Native American Church to accept members into its fold who are curious about peyote is immaterial here. The point is, there should not be a metaphysical prerequisite for people who want to put something into their bodies of their own volition. The only prerequisite should be a willingness to deal with whatever happens following ingestion. I’m sure I’m not alone when I say I don’t need a government nanny or a member’s only card in a sect to fulfill that.