In this way it is our voice, what we say, and as long as there is a person to listen, a person to speak, a person to dance, and another person to sing, the flame will continue to burn and the fight will continue.
~Oren Lyons
Supporting American Indian Religious Freedom
By Cory Dayish / June 15, 2026
NACNA Delegate-at-Large, New Mexico
Yá’át’ééh (Navajo greeting). As many of my fellow NACNA Delegates-at-Large step into roles as Affiliated Chapter Convention Delegates at the NACNA Annual Convention, I wanted to share an overview of our work regarding medicinal plants and traditional knowledge. I hope this information offers useful context as Affiliated Chapter Convention Delegates help guide the direction of our shared work within the Native American Church of North America.
Congratulations to our partners, the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF), for ten (10) years of transformative advocacy at WIPO on international intellectual property lawmaking.
Thank you for leading the way for Indian Country.
Background
Indigenous Peoples around the world have long faced the appropriation of their medicinal plants and traditional knowledge, often without recognition of—or respect for—the medicine keepers and knowledge holders who have preserved them. Since 2000, the World Intellectual Property Organization (WIPO) has worked to address this issue by developing legal protections for genetic resources and associated traditional knowledge. The U.S. Department of State delegated authority for these negotiations to the U.S. Patent and Trademark Office (USPTO), but the federal government had been slow to consult with Tribal Nations on this matter.
Actions, Outcomes, and Future Work
At its 2016 Annual Convention, the
National Congress of American Indians (NCAI) passed a resolution calling for tribal consultation on the WIPO matter. Since then, the NCAI has been represented by the
Native American Rights Fund (NARF) in WIPO negotiations to protect indigenous peoples’ intellectual property through the developing international instruments.
In 2017, the USPTO and other federal agencies conducted listening sessions with Tribes, and in May 2017, NARF and University of Colorado Law School hosted a drafting session on the WIPO instrument. The outcome document from that session was presented at WIPO in 2018. Alongside Indigenous advocates from around the globe, NARF helped gain participation in international intellectual property lawmaking for Tribal governments and Tribal entities. NARF advocated at the United Nations to ensure Tribal governments can protect their traditional medicinal knowledge and other traditional knowledge associated with the use of genetic resources. During this period, NARF and Colorado Law have offered valuable educational information on Indigenous Peoples and Intellectual Property for Indigenous Leaders, lawyers, and community members.
NAC-SNM joins the effort at WIPO
NAC-SNM joined the WIPO Treaty conversation in 2022 and shed light on concerns of the Native American Church community regarding the misappropriation of medicinal plants and the lack of free, prior and informed consent. NAC-SNM believed that international instruments, including the pending treaty, could help establish legal protections for Indigenous plant Medicines, including Peyote, as well as the traditional knowledge associated with them, including ceremonial practices passed down from generation to generation. NAC-SNM launched an educational/informational effort, ensuring the involvement of Next Generation leaders and members.
In 2023, the USPTO sought public comment from industry, the public at large, and Tribal Leaders and Tribal Representatives in preparation for the International Diplomatic Conference to consider treaty adoption. NAC-SNM, NACNA, NARF, NCAI, the National Native American Bar Association, and the Tulalip Tribe provided feedback/comment to the USPTO. Several industry representatives also submitted comments—many who opposed the text of the WIPO Treaty.
Joint Statement on Ceremonial and Cultural Dispossession, Exploitation, and Inadequate Consultation
In April 2023, leaders of the NCAI, NACNA and the Native American Church of Oklahoma issued a Joint Statement calling on the U.S. Food and Drug Administration and the USPTO to engage in government-to-government consultation on the patenting of medical treatments or other inventions based on or using Peyote, its derivatives, or any synthetic variants, and in all cases before any patents are issued or any approvals for production or use are granted.
NACNA submits Proposed Executive Order to the Biden White House
In 2021-2023, the NACNA led discussions across Indian Country to identify pathways to address barriers to the free exercise of American Indian religions and ceremonies. NAC-SNM, along with NACNA-affiliated chapters and Delegates-at-Large, contributed to those discussions. That effort culminated in a proposed Executive Order titled Establishing the White House Initiative on Advancing Equity, Protection, and Preservation of American Indian and Alaska Native Religious Freedom (Proposed EO). The Proposed EO called for stronger federal protection of Native religious and ceremonial rights, including access to sacred lands, traditional medicines and foods, and culturally significant sites, while requiring consultation with Tribal Nations and coordination across federal agencies.
On August 12, 2023, NACNA President Jon Brady submitted the Proposed EO to Biden White House advisors. In his letter, President Brady emphasized that Indian Country faced growing threats to the viability of Native religious and ceremonial life and argued that the proposed initiative would provide a positive and statutorily authorized framework to address those challenges.
Resolutions adopted supporting NACNA’s Proposed EO
Resolutions were adopted by the Ponca Tribe of Oklahoma, Great Plains Tribal Chairmen’s Association, United Tribes of North Dakota, and the Coalition of Large Tribes in support of the Proposed EO. The NCAI also adopted a Resolution supporting the Proposed EO recognizing the need for stronger implementation of AIRFA 1978, declaring that Native religions and ceremonial practices remain vulnerable, and urging the Biden White House to adopt the Proposed EO.
WIPO GRATK adopted by Member States
In May 2024, after 20 years in the making, WIPO adopted the Genetic Resources and Associated Traditional Knowledge Treaty (GRATK Treaty). The GRATK Treaty includes a provision that would require patent applicants to disclose when a claimed invention is derived from Indigenous Peoples’ genetic resources or traditional knowledge.
USPTO holds Post-Treaty Comment Session on WIPO GRATK Treaty
In April 2025, after WIPO members adopted the GRATK Treaty, the USPTO sought public comment from industry, the public at large, Tribal Leaders and Tribal Representatives on considerations for the United States’ position and next steps. Speaking on behalf of the Navajo Nation, Council Delegate Carl R. Slater declared “[t]he United States must sign and implement this Treaty to honor our inherent sovereign rights and authority as the guardians of our cultures,” He said that “[t]his Treaty recognizes the critical role of Indigenous peoples in bio-innovation, prevents the misappropriation of our cultural knowledge, and provides the transparency that our communities have long sought in the patent system.” Terry Dayish, NAC-SNM Board Member, made public comment, along with Larry Wright, NCAI Executive Director. Since the GRATK Treaty adoption, NCAI and NARF have urged the United Nations to “renew its calls for WIPO Member States to join and implement the Treaty on Genetic Resources and Associated Traditional Knowledge.” There has been no further action at USPTO on the GRATK Treaty.
UN Report: Critical role of Indigenous Peoples in protection medicinal plants
In 2024, the NAC-SNM continued involvement at UNPFII centered on the protection of medicinal plants and the recognition of traditional knowledge as a human rights issue. After three years of discussions on this topic, the NAC-SNM experienced significant progress when the 24th Session of the UNPFII Report addressed the protection of traditional medicinal plants in relation to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Report stated:
Member States should acknowledge the critical role of Indigenous Peoples as guardians of their lands and territories; their traditional knowledge must be fully respected in environmental governance, including the protection and use of medicinal plants, such as peyote, that hold profound religious, cultural and spiritual significance to Indigenous Peoples, and their ecosystems.
New Mexico Delegate-at-Large Report at NACNA Mid-Year Meeting
In February 2026, At the NACNA Mid-Year meeting, during my New Mexico Delegate-at-Large Report, I noted, “
the WIPO GRATK Treaty may offer legal protections with regard to disclosure requirements if the claimed invention is sourced from plant Medicines or Indigenous Peoples’ knowledge.” Further, the misappropriation and exploitation of medicinal plants and traditional knowledge without Indigenous Peoples consultation and consent is a global issue shared by Indigenous Peoples. There are over 476 million Indigenous People living in 90 countries across the world, accounting for 6.2% of the global population. 44 countries have signed the GRATK Treaty demonstrating their intent to consider ratification, and three countries have ratified the GRATK Treaty. The patent application filed with the WIPO in 2023 for Methods of Treating Substance Abuse Disorder Using Mescaline had been withdrawn by the patent applicant.
Trump White House issues Executive Order
On April 18, 2026, the White House issued an Executive Order (2026 EO) aimed at expanding participation in clinical trials and accelerating the research, regulatory review, and drug-approval pathways for psychedelic treatments. Framed as a response to urgent mental health needs, the 2026 EO promotes faster federal pathways for psychedelic research, access, and potential commercialization.
Importantly, the 2026 EO does not directly change existing protections for ceremonial use of Peyote. However, it does not address the concerns about appropriation of Indigenous knowledge, bioprospecting, the overharvesting of culturally significant resources, or the exclusion of Tribal Nations from decisions, consent or consultation affecting plant medicines and associated traditional knowledge.
NAC-SNM and COLT
At the Coalition of Large Tribes (COLT) Quarterly Meeting in April 2026, Leo Dayish, President, and NAC-SNM representatives provided an overview of the 2026 EO issued by the White House. NAC-SNM explained that although the 2026 EO does not directly alter ceremonial Peyote protections, they emphasized that the 2026 EO’s implementation could still create indirect pressure on Peyote, related research, and Indigenous-associated traditions. NAC-SNM asked COLT for their ongoing support to ensure measures are in place when needed, such as Tribal consultation, culturally appropriate research standards, and clear safeguards against misappropriation are built into federal agency action.
Partners continue to amplify message at the UNPFII
In April 2026 The Implementation Project (TIP) hosted a side event at the UNPFII titled Indigenous Health in Unexpected Places: Plant Medicine, Economic Wellbeing, and Biodiversity Across International Agencies and Bodies featuring Indigenous leaders from the United States. NCAI President Mark Macarro opened the event with remarks describing Indigenous health as a way of life deeply connected to identity, drawing on examples from his own tribal culture. Linda Benally highlighted the enhanced protections that international agreements such as the Declaration, Nagoya Protocol, and GRATK Treaty can provide for promoting access and stewardship of plant medicines like peyote and associated cultural practices. Geoffrey Roth introduced a report he authored entitled Restoring Indigenous health by connecting systems through the Indigenous determinants of health: local to global evidence. “The report positions Indigenous health as an indicator of broader policy impacts that may be used to evaluate compliance with international human rights standards,” said TIP.
CALL TO ACTION
Tribal leaders, Navajo Nation leaders, the NAC community and our partners must continue working together to protect Native American ceremonial traditions, sacred lands, native languages, and Tribal Sovereignty.
Copyright 2026, NAC-State of New Mexico
