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MARIJUANA MOMENT
FEDERAL SETTLEMENT WILL ALLOW ARIZONA CHURCH TO IMPORT, PROCESS AND USE
AYAHUASCA AS RELIGIOUS SACRAMENT
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* Federal Settlement Will Allow Arizona Church To Import, Process And Use
Ayahuasca As Religious Sacrament
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POLITICS
FEDERAL SETTLEMENT WILL ALLOW ARIZONA CHURCH TO IMPORT, PROCESS AND USE
AYAHUASCA AS RELIGIOUS SACRAMENT
Published
5 seconds ago
on
April 24, 2024
By
Ben Adlin
A new settlement between the federal government and an Arizona-based nonprofit
will permit the group to import and use ayahuasca as a religious sacrament—an
agreement leaders are calling a historic milestone for spiritual freedom.
Under the settlement announced by the Church of the the Eagle and the Condor
(CEC), the group will be permitted “to import, receive, manufacture, distribute,
transport, securely store, and dispose of ayahuasca solely for CEC’s religious
purposes.”
Specifically, the agreement says the church will import ayahuasca, which
contains the psychedelic substance DMT, “in concentrated paste or in liquid
form” and then “combine the ayahuasca paste with water to manufacture ayahuasca
tea for sacramental uses” at a location in Phoenix.
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CEC says it’s “the first non-Christian church to receive protection for its
spiritual practices regarding Ayahusca,” adding that the development under the
federal Religious Freedom Restoration Action marks “the first time in history a
church’s right to import and share its sacrament has been secured without going
to trial.”
On the other side of the dispute was the Department of Justice (DOJ), the
Department of Homeland Security (DHS), Customs and Border Protection (CBP) and
the Drug Enforcement Administration (DEA).
CEC sued in 2022 over DHS’s seizures of shipments of ayahuasca intended for
ceremonial use as well as the government’s threats that the group and its
members could face federal prosecution.
The settlement document shared by CEC on Monday establishes that the group can
now import, process and use ayahuasca, though DEA reserves the right to take
spot samples of the imports “for the purpose of confirming that the consignment
is in fact ayahuasca which contains no controlled substance other than DMT.”
Joseph Tafur, a doctor and ayahuasquero for CEC, said in a statement that the
“Ayahuasca ceremony is an essential sacrament for our church.”
“Our ceremony is rooted in the Shipibo Amazonian tradition which has been passed
down by countless generations. Now, in fulfillment of the ancient Prophecy of
the Eagle and the Condor, this tradition has come to North America,” Tafur said.
“Our ancestral practice will continue to support the community and nourish our
holistic well-being.”
The group’s general counsel called the agreement “a watershed moment in the
United States.”
“The resolution of this case represents the government’s recognition of this
community’s right to exercise their religious beliefs without interference,”
Martha Hartney said in a CEC release about the settlement. “Indigenous ways are
returning to a place of honor, respect, and care in American culture–a culture
made more beautiful because of Indigenous ritual, art, and cosmology in which
all of creation is family.”
While some U.S. jurisdictions have recently loosened psychedelics laws, none has
included provisions around importing psychedelic substances internationally.
Separately, DEA argued late last week in a U.S. appeals court case that the
federal Right to Try Act—intended give patients with terminal conditions the
opportunity to try investigational medications that have not been approved for
general use—“does not provide anyone with a right to dispense or receive
controlled substances.” The agency’s claim came in a new brief in a lawsuit
filed by a Washington State doctor seeking to legally use psilocybin to treat
cancer patients in end-of-life care.
Meanwhile, earlier this year DEA called for the production of even more
DMT—along with psilocybin and THC—for research purposes than it had initially
proposed for 2024, raising quotas for those drugs while maintaining already high
production goals for marijuana and psychedelics.
DEA has touted its Schedule I drug production quotas as evidence that is
supports rigorous research into the substances, but it’s faced criticism from
advocates and scientists over actions that are viewed as antithetical to
promoting studies.
For example, DEA in December announced that it would take another shot at
banning two psychedelics after abandoning its original scheduling proposal in
2022, teeing up a fight with researchers and advocates who say the compounds
hold therapeutic potential and who more recently argued that the agency’s
administrative approach to the proposed scheduling is unconstitutional.
The agency separately backed down from a proposal to ban five different
tryptamine psychedelics in 2022 amid pushback from researchers and advocates.
Read the full settlement agreement below:
> Study Finds Natural Psychedelic Mushrooms Produce ‘Enhanced Effects’ Compared
> To Synthesized Psilocybin, Suggesting Entourage Effect
Photo courtesy of Apollo/Flickr.
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Ben Adlin
Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and
other drug policy issues professionally since 2011. He was previously a senior
news editor at Leafly, an associate editor at the Los Angeles Daily Journal and
a Coro Fellow in Public Affairs. He lives in Washington State.
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