1995 Article: Nebraska Had No State Peyote Exemption
By Jason Karimi | WeedPress
March 23, 2026
A 1995 NARF Legal Review article states it plainly: “Nebraska state law never provided an exemption for the religious use of peyote by Indians.”
The article explains that this created a practical problem in Nebraska. Native American Church members carrying peyote to the Winnebago, Omaha, or Santee Sioux reservations could have been arrested anywhere in the state before reaching the reservation.
The article then draws an important jurisdictional distinction. Nebraska lacked criminal jurisdiction over the Winnebago and Omaha reservations, so peyote use there could be protected under the federal DEA exemption. But Nebraska did have criminal jurisdiction over the Santee Sioux Reservation, meaning peyote users there could still be prosecuted under state law because Nebraska had no state-law exemption.
That is the key historical point from the 1995 article: any protection in Nebraska was tied to federal law and reservation jurisdiction, not a Nebraska statutory peyote exemption.
Read the 1995 article below:
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