26-38-3.5 - Smoking ban exemption for Native American ceremony.
26-38-3.5. Smoking ban exemption for Native American ceremony.
(1) A person is exempt from the restrictions of Section 26-38-3 if the person:
(a) is a member of an American Indian tribe whose members are recognized as eligiblefor the special programs and services provided by the United States to American Indians who aremembers of those tribes;
(b) is an American Indian who actively practices an American Indian religion, the originand interpretation of which is from a traditional American Indian culture;
(c) is smoking tobacco using the traditional pipe of an American Indian tribal religiousceremony, of which tribe the person is a member, and is smoking the pipe as part of thatceremony; and
(d) the ceremony is conducted by a pipe carrier, Indian spiritual person, or medicineperson recognized by the tribe of which the person is a member and the Indian community.
(2) This section takes precedence over Section 26-38-3.
(3) A religious ceremony using a traditional pipe under this section is subject to anyapplicable state or local law, except as provided in this section.
Enacted by Chapter 125, 1995 General Session