26-38-3.5 - Smoking ban exemption for Native American ceremony. - Utah Statutes

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Statutes > Utah > Title-26 > Chapter-38 > 26-38-3-5

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

State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-38 > 26-38-3-5

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

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-38 > 26-38-3-5

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