By SONJA SHARP
Despite the contention that hallucinogenic mushrooms are a part of Native American religious beliefs, an Alameda County judge ruled yesterday to uphold misdemeanor drug possession charges against noted tree-sit protest leader and former Berkeley mayoral candidate Zachary RunningWolf. His arrest, which occurred last July just west of the UC Berkeley campus, was not related to the long-running tree-sit near Memorial Stadium, said UCPD Assistant Chief Mitch Celaya. RunningWolf was charged with misdemeanor possession of psilocybin mushrooms, one of the most highly controlled narcotics in the country. Since he was charged in October, he has motioned twice to have the charge dismissed, most recently on the basis that hallucinogenic mushrooms are part of Native American religious practices, said Edward Vieira-Ducey, an Alameda County deputy district attorney. "Alcohol is legal in the Catholic church, mushrooms and peyote are legal with us, " RunningWolf said. That motion was denied yesterday, meaning the case will likely go to trial.
"We're going to bring more medicinal people, prayer people, into the court proceedings and we're going to have 12 jurors decide whether Native Americans can use psilocybin mushrooms for religious purposes," RunningWolf said. UC Berkeley police stopped RunningWolf riding his bike near the intersection of Allston Way and Oxford Street on the afternoon of July 23, 2007 in conjunction with outstanding traffic warrants in Berkeley and Oakland, Celaya said. RunningWolf was arrested in connection with the outstanding warrants, but during the course of the arrest, the officer found the psilocybin mushrooms in his possession, Celaya said.
"They found eight grams of psilocybin mushrooms on me-a very small amount," RunningWolf said. "As a Native American leader and elder, I have the religious right to hold them." The case will return to court later this month, when RunningWolf is expected to enter a plea, Vieira-Ducey said.
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