Home | Community | Message Board


This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Jump to first unread post Pages: 1
Invisiblespyder
Stranger

Registered: 03/16/09
Posts: 444
Another court win for another ayahuasca church
    #9999957 - 03/19/09 10:21 AM (15 years, 13 days ago)

March 18, 2009
Another court win for another ayahuasca church
samefacts

Another Federal district court has ruled in favor of another church that uses the DMT-bearing brew called ayahuasca .

This time the case is in Oregon and involves a branch of the Santo Daime, one of the two large religious organizations with Brazilian government permission to use the "tea." The previous case was in New Mexico, and involved a branch of the UdV, the other major Brazilian church that uses ayahuasca.*

In the Oregon case, Judge Owen Panner has issued a permanent injunction, and a very clearly-reasoned opinion to go with it. (It's as good a statement of the facts as I've seen.) That doesn't quite end matters; the church and the DEA still have to work out a regulatory process to prevent diversion, and the Justice Department could still choose to appeal.

In the New Mexico case, the government appealed the preliminary injunction all the way up to the Supreme Court, which affirmed 8-0. But so far the government has insisted on its right to have a full-dress trial on a permanent injunction, even after the week-long hearing on the preliminary injunction and three rounds of appellate briefs and arguments (a three-judge panel of the 10th Circuit, an en banc, and then the Supreme Court).

In both cases, the government's arguments amounted to "OOOOGA BUGGA! DRUGS!!!!" Neither court was having any, thanks. Without evidence of either physical or psychological harm or of diversion to non-religious use, the judges refused to suppress religious exercise on the basis of merely speculative harm. These were not Constitutional cases under the Free Exercise clause, but statutory-interpretation cases under the Religious Freedom Restoration Act. In the New Mexico case, but apparently not in the Oregon case, the Justice Department argued that the government was bound by treaty obligations to ban any non-medical use of DMT, the one hallucinogen known to be produced within the brain itself.

Now the new leadership at DoJ faces a question. The government can appeal the Oregon ruling and continue to fight the New Mexico case, and do the same with every religious body that comes forward to ask permission to used a controlled-substance sacrament. As a practical matter, that would mean that only well-financed churches had any chance of winning recognition; these are expensive cases, albeit the churches can recover their attorneys' fees at the end of they win. Or the Attorney General could tell the DEA Administrator to draft, and publish in the Federal Register, a set of procedures and criteria to deal with such cases in the future. (The Supreme Court ruling makes it clear that RFRA provides ample statutory authority for issuing such regulations.) It's an interesting test of Eric Holder's skill, and I'll be interested to see how he handles it.

Extras: Filter Print Post Top
Offlineandrewss
precariously aggrandized


Registered: 08/17/07
Posts: 8,725
Loc: ohio
Last seen: 3 months, 11 days
Re: Another court win for another ayahuasca church [Re: spyder]
    #10000739 - 03/19/09 12:25 PM (15 years, 13 days ago)

:thumbup:

pretty cool


--------------------
Jesus loves you.

Extras: Filter Print Post Top
OfflineCiv
Pinning
Male User Gallery

Registered: 10/14/04
Posts: 2,537
Loc: California
Last seen: 8 months, 16 days
Re: Another court win for another ayahuasca church [Re: andrewss]
    #10001273 - 03/19/09 01:39 PM (15 years, 13 days ago)

Kick fucking ass!!


--------------------
"...Gal's seem to hate the thought of blending chicken shit in a blender.
So, wash it well afterwards & DON'T tell them..."  -Agar

Extras: Filter Print Post Top
InvisibleStonehenge
Alt Center
Male User Gallery
Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: Another court win for another ayahuasca church [Re: Civ]
    #10001760 - 03/19/09 02:49 PM (15 years, 13 days ago)

Lets see what obama does here. Will he continue shrub's policies of harassment or will he be more reasonable?


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

Extras: Filter Print Post Top
Jump to top Pages: 1


Similar ThreadsPosterViewsRepliesLast post
* New Mexico hallucinogenic tea case
( 1 2 all )
veggieM 9,425 22 02/23/06 12:47 AM
by veggie
* Court win opens doors for hemp food luvdemshrooms 1,760 2 02/10/04 04:15 PM
by chodamunky
* U.S. Supreme Court Puts Hold on Hallucinogenic Tea in N.M. Church *update freakygurl 1,857 3 12/12/05 09:33 PM
by mycovolution
* Church may be facing federal prosecution motamanM 2,433 10 09/02/04 09:03 AM
by shaman2b
* Supreme Court OK's Hallucinogenic Tea DNKYD 2,278 14 02/22/06 12:41 AM
by Wysefool
* Church likely to prevail in dispute over hallucinogenic tea motamanM 1,576 4 09/13/03 06:00 PM
by DailyPot
* U.S. Hemp Industry Wins Battle with DEA veggieM 3,625 9 02/21/05 02:35 PM
by AuroricDistortions
* Native American Church deserves its sacrament veggieM 1,012 0 09/22/05 04:22 PM
by veggie

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: motaman, veggie, Alan Rockefeller, Mostly_Harmless
1,287 topic views. 0 members, 8 guests and 2 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.025 seconds spending 0.007 seconds on 14 queries.