State v. Whittingham
In State v. Whittingham, 19 Ariz.App. 27, 29, 504 P.2d 950, 952 (1973) the Court determined that the State had not proven that peyote was addictive or that the quantities used were "sufficiently harmful to the health and welfare of the participants so as to permit a legitimate intrusion under the State's police power." Id. at 30, 504 P.2d at 953.
The Court held that peyote's use, as a part of a bona fide religious belief and "in a manner not dangerous to the public health, safety or morals," id. at 31, 504 P.2d at 954, was a defense to prosecution that required reversal of the convictions. Id. at 32, 504 P.2d at 955.