What is the test for determining that possession of peyote is not for a religious purpose?
California, United States of America
The following excerpt is from People v. Marbain, A139387 (Cal. App. 2014):
Here, the trial court determined as a factual matter that defendant's possession of peyote was not for a religious purpose despite his claim otherwise. The court reasoned, in effect, that the presence of substantial quantities of illegal drugs at the residence supported an inference that the peyote did not serve a bona fide religious purpose. The court's factual determination is entitled to deference. (Cf. People v. Jenkins (2000) 22 Cal.4th 900, 969.)
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