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Shamanic Ceremony Leaders Join Forces to Shape Legal

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A
professional organization of psychedelic churches that have historically been part of
different, and sometimes conflicting lineages, hopes to build and share resources and
best practices through a new organization. 

The Sacred Plant Alliance (https://chacruna.net/sacred-plant-alliance/), created through the

collaborative effort of multiple religious and spiritual practitioners, and incubated by the
nonprofit Chacruna Institute for Psychedelic Plant Medicines (https://chacruna.net/), is a self-
regulating body of about a dozen practitioners committed to creating and upholding standards
for the ceremonial use of entheogens. In cooperation with Chacruna, the SPA has compiled
materials to help advance legal protections for churches using ayahuasca, psilocybin, and other
sacramental plant medicines. Privacy - Terms
The alliance, which formed in 2019, emerged at a time when the restrictions around the use of
(https://www.lucid.news/)
psychedelics are being relaxed in parts of the country, and clinical trials aiming for FDA
approval are underway for psychedelic-assisted therapies using MDMA and psilocybin. But
those benefiting from greater access to entheogens for recreational or medicinal purposes
approach questions of legality differently than churches that use these substances in group
settings as sacraments. 

The religious track has thus far had fewer recent successes. The SPA’s decision to band
together, as well as its commitment to members’ anonymity, is part of its larger mission and
strategy to facilitate collaboration as churches work toward legal recognition of the right to use
psychedelic sacraments ceremonially. 

Chacruna founder and SPA spokesperson Bia Labate hopes that SPA “can serve as a resource
for the larger community” by sharing resources with an eventually widening net. “With time,
we plan to publicly share our process, learning, and some consensus-based guidance
documents,” she says.

Many organizations in this space believe that the separation of the spiritual and the medical
creates a false binary, the wrongheaded product of Western cultural thought. That separation
continues to shape policy in this arena. 

Source: Sacred Plant Alliance

Legal Precedents For Psychedelic Churches

The psychedelic brew ayahuasca remains illegal in the U.S. because it contains DMT, a Schedule
I substance under the Controlled Substances Act. But some legal protections have been offered
to organized ayahuasca churches that have sued the Drug Enforcement Administration for the
right to use it in a religious context. 

Two groups have seen success with this approach, the União do Vegetal and Santo Daime,
though they pursued two different legal strategies. The UDV’s case followed a seizure of
ayahuasca (or hoasca, as the UDV calls it) in the U.S. The case took eight years to reach the U.S.
Supreme Court, where in 2008 justices unanimously rejected in 2008 the government’s attempt
to prohibit ayahuasca transport and use by church members. The UDV ultimately settled with
the DEA to get an exception from the Controlled Substances Act and negotiated with them on
regulations for the group’s ayahuasca use. 

After determining that the UDV’s settlement and resulting exception were too intrusive, three
Santo Daime churches based in Oregon sued the DEA, seeking protection under the Religious
Freedom Restoration Act rather than an exemption to the CSA. The decision in the 2008-9
case, Church of the Holy Light of the Queen v. Mukasey, ruled in favor of the Santo Daime
congregations. The Oregon churches now have legal protections to use the sacramental brew
and can extend that status to affiliated churches. 

Privacy - Terms
“Other churches could follow UDV and enter into a similar agreement that would allow them to
(https://www.lucid.news/)
import, possess and use ayahuasca,” says attorney Jack Silver, who was part of Santo Daime’s
legal team. “The problem we have with that approach is it validates the entire CSA and
empowers the DEA. Our argument was that the bonafide use of ayahuasca is exempt from the
CSA to the extent that it infringes church member’s rights under the 1st Amendment. The
district court agreed. As such we believe the better approach is to sue under RFRA rather than
seek an exception from CSA.”

Santo Daime church leader Jonathan Goldman clarifies that “under the law people who are
legitimately practicing a religion have precedent and priority – and that’s across the board.” The
burden of proof was on the church to prove its legitimacy through three main details: first, that
they were part of a religious or spiritual tradition; second, that they cared for the safety and
well-being of practitioners; and third, that the ayahuasca (which the church calls “daime”)
would not leave their hands – a practice referred to by the DEA as “diversion.”

“We showed all of this perfectly because we had kept records for decades,” says Goldman. “We
knew when we started in 1993 that we were going to do this eventually. We had all of the
records, and unlike the US government, we didn’t have to lie about anything.” 

Ultimately, two rulings were handed down in the Santo Daime case – first, the opinion of law,
which upheld the churches’ rights to practice their religion, and second, a decision on how the
DEA should regulate the importation of ayahuasca. An appeal by the government on the second
decision resulted in its overturning by the Ninth Circuit Court, leaving only the first order. 

“Basically the order of the judge is that the government cannot interfere with the manufacture,
importation, and use of daime,” explains Goldman. The overturned decision “didn’t mean
anything, because we have a relationship that works fine with the DEA. It’s no longer about law
enforcement. It’s bureaucratic.” The DEA currently inspects the church’s records regarding
importation, storage, and distribution of the ayahuasca to ensure no diversion of daime occurs.

Present Legal Challenges

After a seizure (https://chacruna.net/religious_freedom_legal_ayahuasca_ceremonies/) of
ayahuasca last year by U.S. Customs and Border Patrol, the congregation of The Church of the
Eagle and the Condor (CEC), a group that uses the brew as a sacrament, launched a fundraising
campaign (https://charity.gofundme.com/o/en/campaign/ayahuasca-religious-freedom-
initiative) in collaboration with Chacruna to support the Ayahuasca Religious Freedom
Initiative, which intends “to investigate and resolve disputes concerning the federal
government’s approach to ayahuasca importation, establish processes to seek return of seized
sacrament, and set new precedent for ayahuasca religions under the Religious Freedom
Restoration Act.” 

The Initiative has met just over half of its $100,000 goal, and funds will be used to “investigate
and resolve disputes concerning the federal government’s approach to ayahuasca importation,
establish processes to seek return of seized sacrament, and set new precedent for ayahuasca
religions under RFRA.” 

The legal and fundraising strategies pursued by the CEC fit with SPA’s larger mission. But while
the Church of the Eagle and the Condor is working publicly with Chacruna through the
fundraiser, Chacruna will not be part of any actual litigation the CEC pursues and will not
comment on the CEC’s membership in the SPA. 

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Chacruna and the SPA are working to build a legal library for its members and other
(https://www.lucid.news/)
organizations. Labate notes that, “The protocols we are developing will hopefully help groups in
defense, litigation, or negotiation. Chacruna, of course, has a wealth of articles and resources in
this regard.” The organization is also in the process of assembling a legal kit “to help religious
groups organize themselves and adhere to best practices,” she says. “Chacruna also provides
consultation to individuals and groups who directly contact us about these issues.” 

Membership and Anonymity

Members of the SPA chose not to comment for this story and only Labate would go on the
record in response to our questions, which she answered with guidance from SPA members.
She says that several practical reasons exist for the anonymity shrouding SPA participation.
Current members are electing to remain anonymous due to “the sensitive legal matters we are
dealing with,” says Labate. 

According to attorneys, releasing members’ names could also compromise any future potential
communication between the SPA and the DEA. The DEA “will not confer with SPA if any of the
members are litigating – they’re not allowed to,” explains Martha Hartney, one of the attorneys
for the CEC. 

(https://www.lucid.news/linkout/2889)

SPA’s decision to keep its membership anonymous is protected by the First Amendment and is
“paramount,” according to attorney Silver. “Although requested, we never gave the DEA a
membership list,” he says of the Santo Daime case. However, “if a case goes to trial the
organization has to provide some member witnesses for purposes of standing and to discuss
how the organization and its members meet the requirements of RFRA, i.e. genuine religious
belief and practices that include the use of the sacrament in ceremony.” 

Santo Daime church leader Goldman notes that in the case of his church, “We went public for
sure. There were people in the daime world who didn’t want to do that, so it took us a while.
They didn’t want the government to know. But the government knew already – we’re really
good at praying and not very good at hiding.”

The SPA has also currently paused admitting new members, though it expects to resume this
year after clarifying membership protocols. “We have a number of subcommittees that deal
with core issues and concerns involved with protecting religious rights and community well-
being: Membership, Health and Safety, Government Relations, and Ethical Accountability,” says
Labate. “The membership criteria that we are refining involve questions pertinent to all these
areas. They include: nature of the practices, religious/spiritual worldviews, connection to
lineages, health and safety protocols, organizational and financial structure, ethical standards,
among others.” Current member organizations will sponsor new organizations hoping to join.

Privacy - Terms
Hartney adds that the question of membership is a strategic decision. “If SPA is going to have
(https://www.lucid.news/)
any credibility at all, they have to be very careful about who is in their membership,” she says.
“So I think credibility is more the issue than anything else. The people I know who are part of
SPA are some of the best of the best – they have good processes, good procedures, and good
training in place. They’re thorough and careful and understand the differences between
Indigenous teachings and pathways and the modern psychological understanding of healing,
and they know how to put those together. The members want to have a chance to form and
articulate what work they’re going to do before they get out there.”

One requirement for organizations seeking membership is that they be “sincere churches,” as
Labate puts it. “Something that is important to us, [is] to know that we can really support
organizations seeking to protect their religious freedom … that they are clear and consistent in
their spiritual beliefs, and that they are transparent about their organizational operations,”
explains Labate. “There are many communities out there engaged in very sincere practice, but
who may not have access to the best information on risk reduction and how to run an
accountable organization. We think we can help sincere churches that want to improve their
protocols and are honest about where they have room for improvement.”

The Question of Lineage

The SPA includes churches that use a range of substances, including marijuana and
mushrooms. But unlike groups using ayahuasca and peyote, getting exceptions for these
substances may be more of a challenge. “The sacrament needs to be one that does not have a
current history of abuse or known harmful risks,” says Silver. “The Supreme Court has already
denied RFRA protections for churches using LSD and those using cannabis, including the
Rastafarians, which the Supreme Court recognized as a genuine religion.” 

Some SPA members who use ayahuasca could still have trouble even getting to that step. “Any
plaintiff has the burden of proof to show that their organization is a valid religious organization,
that its members have genuine religious beliefs that include using ayahuasca as a sacrament,”
explains Silver. “It also helps if the organization has a lineage and that ayahuasca is the only
sacrament they use. Neither of these are absolutely necessary but their absence would
complicate a case and make it more difficult to prevail.”

“Proving lineage can be difficult,” adds Goldman. “Most people who are ayahuasqueros have, at
best, gone to South America and trained with shamans who themselves are independent. That
shamanic world is very fractured; there’s a lot of infighting.” 

Labate notes, “It certainly could be easier to establish that you have a sincere religious practice
if you are part of a longstanding lineage that uses ayahuasca (or another psychedelic
sacramental substance) in another country where it is legal,” she says. “However, the Religious
Freedom Restoration Act (RFRA) does not stipulate that sincere religious practice needs to be
tied to a particular lineage or faith tradition.” 

Proving lineage could still help strengthen a case. “RFRA does require courts to weigh religious
liberty against potential risks to public health,” continues Labate. “It may be hard to convince
the court of the safety of one’s practice if there is no track record of safety, and if there are no
established protocols for preventing adverse health outcomes. So, in that sense, being part of
an established lineage that has demonstrated that it can do this work safely may also be of
benefit in a legal case.”

The SPA includes churches whose traditions have both Latin American and U.S. roots. “Many
SPA groups have significant connections to indigenous and other traditional communities in
Latin America that ritually use sacred plants,” Labate notes. “Many travel to Latin America to Privacy - Terms
spend time with these communities, and for many years, they have brought their teachers to
(https://www.lucid.news/)
the U.S. to share their ceremonies and to teach.”

Others, however, “are more ‘home grown,’” she continues, “and have, for years now, been
developing their practices and belief systems without the guidance of any one particular
teacher or community of origin.”

No Due Process
The question of sincere religious practice comes up in legal precedent for ayahuasca and other
psychedelic churches. Under RFRA, organizations recognized as officially religious in nature
should be protected. “Although there have been impressive inroads made with
decriminalization and legalization at the state and city level, we are a long way from realizing
broad rights to use psychedelic substances across the US,” says Labate. “Now, the federal
Controlled Substance Act (CSA) and its corollaries on the state level still make the possession
and use of many substances a crime, and yet RFRA can allow for judicial relief for people
engaged in sincere religious practice with controlled substances.” 

But getting the exemption is the hard part. Hartney doesn’t recommend any church petitioning
the DEA for an exemption under RFRA. She points out, rather, that the only churches to receive
exemptions for ayahuasca historically – UDV and Santo Daime – have done so by suing the
DEA. “There is no process, and there are no timeframes and no recourse” for petitioning the
DEA, she explains. “A church could end up in a jurisdictional double bind,” as she notes is
happening with Soul Quest
(https://chacruna.net/dea_denies_soul_quest_religious_exemption_ayahuasca/). 

“They were thinking they’d act in good faith with the government and play ball the way the
government says to play ball,” says Hartney of the Soul Quest case. “They ended up having to
wait three years and sue anyway, just to get the agency to look at their petition. Then Soul
Quest had to endure two stays of proceedings and a proctology exam the likes of which nobody
should have to go through. And the government denied them anyway
(https://chacruna.net/dea_denies_soul_quest_religious_exemption_ayahuasca/).”

Hartney worries about the precedent set by a case like Soul Quest’s, as well as another active
case between the government and the North American Association of Visionary Churches
(NAAVC), neither of which are SPA members.. “They could end up making some bad law,” says
Hartney. “That’s one thing the CEC has been considering all along – how do we present good
facts to a friendly court in such a way as to make good law?
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“The window exists, but it’s narrow,” says Hartney of U.S. legal protections. “We have a very
unfriendly agency whose goal is to keep as many people out … as possible.” The CEC has not yet
made any public decision about whether to file a claim in court. 

“The DEA’s tactics are very sophisticated,” adds Hartney. “It’s worked against pro se litigants”
(i.e. litigants who represent themselves in court). “It’s hard for trained lawyers to know what
they’re doing, but a pro se person acting as their own lawyer does not stand a chance. Pro se
litigants, like some cannabis churches who have represented themselves, don’t even know what
hit them. We’ve got two lawyers on this and have to confer with others just to make sure we
have all the issues covered. For someone trying to do themselves they’re just going to make a
mess of it. I don’t recommend it.” 

Ultimately, Harney says pro se litigants could even do damage to the legal cases of churches
seeking exemptions in the future. 

Goldman points out that Soul Quest and organizations like it, which offer retreats with the
intent to make a profit, don’t fit the criteria for being a religion. “The law is not for a group with
a retreat center charging people $500 a day to drink ayahuasca,” he says. “They’re trying to call
themselves a church, but the government has set a precedent of getting decades’ worth of
documentation.” 

Another complicating factor: Soul Quest leaderships’ own description

(https://www.bialabate.net/wp-
content/uploads/2021/06/DEA_Denial_Soul_Quest_Exemption_2021.pdf) of ayahuasca “as a
natural or integrative medicine or therapy.” According to Goldman, “That’s another tricky thing.
Even if you have a nonprofit doing ceremonies as a healing business, and even if you’re doing it
well and with integrity, it’s different. What we do is spiritual. It’s practicing our religion. Of
course there’s a healing component, but we’re not asking anyone to affirm that.” 

Goldman sees the question of retreat versus church structure as a point of contention for
future cases. “We’ve had people come to us and want to use our legal status, people who are,
say, opening a giant retreat center in California. But we aren’t going to do that just because
they’re nice people.” 

The DEA’s recent rejection of Soul Quest’s request specifically points to this. In May, their
petition was again denied after the DEA concluded that “Soul Quest has not demonstrated the
existence of a sincere religious exercise,” according to the DEA’s determination letter
(https://www.bialabate.net/wp-
content/uploads/2021/06/DEA_Denial_Soul_Quest_Exemption_2021.pdf). 

“The DEA is not really equipped to decide anything regarding sincerity of religious beliefs,” says
Derek Brett, attorney for Soul Quest. He points out that the DEA’s determination letter
included assumptions about Soul Quest’s practice that no one ever asked about, but which
were later used to deny the exemption. “They went into this ready to reject it,” he notes, “and to
use the most haphazard analysis possible, ignoring everything submitted from Soul Quest’s
exemption application from four years ago.

“Do I actually think any church similar to Soul Quest should be engaging with the DEA?” he
asks. “The answer is no. The DEA can’t be relied upon to engage in good faith, and they have no
legal authority whatsoever. They had no basis to make any assessment whatsoever about Soul
Quest’s religious sincerity.” Privacy - Terms
Brett also disagrees with Hartney’s critiques of Soul Quest. “She may be conflicted in rendering
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any opinion with regard to this litigation due to her own conversations with the DEA on behalf
of one of her clients,” he notes, referring to CEC. “If she is having conversations with the DEA
on behalf of her clients, and if there is a fear anything she says that could be beneficial to Soul
Quest will cause the DEA to turn against her client, that’s a huge problem. We are deeply
concerned with the false impression that might be created with regard to the viability of Soul
Quest’s case, because we believe Soul Quest has a wonderful case.”

“This community of churches should be standing together,” he adds. “Competing interests don’t
serve any of us.”

Earlier this week, Soul Quest filed an opposition to dismiss the DEA’s previous motion to
dismiss their initial complaint, as well as an amended complaint asserting that the DEA and
Department of Justice violated the Administrative Procedures Act in its dismissal of that
previous complaint. “You better believe I think Soul Quest is going to triumph,” says Brett. “The
government doesn’t generally make it easy. There are countless examples throughout history.
What does it take ultimately to make the government actually operate on the level it’s supposed
to constitutionally operate? Right now, it’s not operating fairly, constitutionally, or consistently
to its own internal guidelines, issued by the Department of Justice in 2017 by Jeff Sessions. We
believe the District Court will embrace our argument. We’re confident of that. It’s a noble fight.
It’s the only thing you can do.”

Hartney agrees that the initial ruling side-stepped due process. “People’s critiques of Soul
Quest are probably valid, and if it were the DEA’s job to rule they probably got their facts right,”
she says. “But there was no due process. Soul Quest didn’t put up their own witnesses or get a
chance to be heard. That’s the problem for the whole community. If you play ball by DEA’s rules,
you end up with all the rules stacked against you.”

The Bigger Picture

Zooming out to the future of psychedelics as both medical and spiritual medicine, Labate says
the SPA can assist religious groups in a number of ways. “Basically, we hope that communities
that embody the factors that allowed the UDV and Santo Daime to prevail in court will stand a
good chance of having their own rights recognized. These factors include, among others, being
able to articulate the religious nature of your practices involving the use of sacramental
substances, consistently applying good safety measures and measures for preventing the
diversion of sacramental substances, and having a well-organized and financially transparent
institutional structure.”

Much of those efforts includes significant fundraising. Groups within the SPA have created legal
defense funds “so they can meet anticipated legal challenges or take steps towards securing
their religious rights when the time seems right,” says Labate.

As the SPA refines its own protocols and adds to its resources, Hartney says it will also
continue to raise the reputation and awareness of religious practice using entheogens. 

“There is so much more acceptance of psychedelics both as sacrament and medicine this year
than has ever been in the past,” says Hartney, “including, and not limited to, Hunter Biden. We
do know there are members of Congress who have experienced family members healing
through psychedelics. At the bigger picture level, I do hope for some congressional action,
especially regarding the religious exemption of ayahuasca. It’s low-hanging fruit and Congress
could put that to bed in a hurry.” 

Image: Upslon (https://www.flickr.com/photos/49507504@N05/33137775588)

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