Establishing Religious Freedom for Worship Using Controlled Substances

Timothy Leary couldn't do it and neither will you.

Note that there is no general exemption from the drug laws for RELIGIOUS purposes. The one people keep thinking about is the Native American peyote exemption. You're going to have an extreme difficulty getting a similar exemption. This is codified in the statutes specifically from the Native American Church, not some general principal that drugs are approvable for any imagined religious group.

budwad, Timothy Leary set the example in our culture of exactly what not to do. I believe I have a far greater chance than he did.

flyingron, Are you familiar with the recent developments with the Santo Daime and UDV churches? They were granted recognition by the courts without an explicit exemption in legislation. In UDV, RFRA was referred to, and I believe the precedent set by that case was used in the following Santo Daime case.

For anyone else facing a similar issue, I have been able to locate DEA guidelines for applying for an exemption to the Controlled Substances Act under RFRA in light of the precedent set by the UDV case. There is more information here

There are several legal hurdles but it is not impossible. I am involved in the Native American Church and other religious practices that use controversial (if not locally controlled) substances including cubensis. Haven't a well versed attorney is paramount to continued acceptance by the Local and federal authorities and how you go about dispensing the sacrament and/or substances makes a huge difference also. Good luck.

Rammschnev,

Where in Virginia are you? This is something that I've been researching and considering your question for the last couple of years, and am also now ready to get serious about. As a few others have noted, the case law is quite strong around this, especially where intent is sincere and demonstrable. I'm currently searching for attorneys that are familiar with this area of practice to help get established on as sure a footing as possible, and may have a connection to the attorneys who fought successfully for the Oregon Santo Daime right to practice.

I'm going into this assuming that a legal fight will eventually be inevitable, and want to stay from the strongest foundation possible.

I'm next door in Maryland. Want to connect and talk more in person? Sent you friend request