Developing Smokefree Implementation Regulations

Native American Ritual Tobacco Use

Model

Nothing in these rules shall prohibit smoking by a Native American as part of a traditional Native American spiritual or cultural ceremony held on an American Indian reservation. For the purposes of this section, a Native American is a person who is a member of an Indian tribe which is recognized as such by the state or Federal government

Examples

Minnesota Clean Indoor Air Act (effective 2007)
Smoke-Free Arizona Act (effective 2007)
New Mexico Clean Indoor Air Act (adopted 2007)

Minnesota Clean Indoor Air Act, effective October 1, 2007.

144.4167 PERMITTED SMOKING.

Subdivision 2. Traditional Native American ceremonies.

Sections 144.414 to 144.417 do not prohibit smoking by a Native American as part of a traditional Native American spiritual or cultural ceremony. For purposes of this section, a Native American is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

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Smoke-Free Arizona Act, effective May 1, 2007.

N. Tribal Sovereignty - THIS SECTION HAS NO APPLICATION ON INDIAN RESERVATIONS AS DEFINED IN ARS 42-3301(2).

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New Mexico Clean Indoor Air Act, adopted March 2007.

SMOKING-PERMITTED AREAS. Notwithstanding any other provision of the Dee Johnson Clean Indoor Air Act, smoking-permitted areas include the following:

L. a site that is being used in connection with the practice of cultural or ceremonial activities by Native Americans and that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.

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