KENNEDY v. BUREAU OF NARCOTICS AND DANGEROUS DRUGS

No. 71-1157.

459 F.2d 415 (1972)

Patricia Lou KENNEDY et al., Petitioners, v. BUREAU OF NARCOTICS AND DANGEROUS DRUGS et al., Respondents.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 21, 1972.


Attorney(s) appearing for the Case

Robert J. Burdett (argued), Robert J. Burdett, Jr., Chicago, Ill., Dale B. Dilts, Albuquerque, N. M., Bruce M. Gleason, Panorama City, Cal., for petitioners.

Harold James Pickerstein (argued), William E. Ryan, Will Wilson, Asst. Atty. Gen., Donald E. Miller, Gen. Counsel, for respondents.

Before MERRILL and HUFSTEDLER, Circuit Judges, and CROCKER, District Judge.


HUFSTEDLER, Circuit Judge:

The Church of the Awakening, its president, and four church members seek review of an order of the Director of the Bureau of Narcotics and Dangerous Drugs rejecting their petition to amend 21 C.F.R. § 320.3(c)(3) to include the Church of the Awakening within the exemption accorded the Native American Church for the use of peyote in religious services.1

The...

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