Eugene Volokh reports at the Volokh Conspiracy: “A federal district court has just upheld another religious exemption claim for the use of hoasca.”
The ruling in Church of the Holy Light of the Queen v. Mukaseyn, No. 08-3095 PA (D. Ore. March 18, 2009) begins:
The issue is whether plaintiffs, who are followers of the Brazilian Santo Daime religion, are entitled to an exemption from the Controlled Substances Act to import and drink their sacrament, Daime tea. Because Daime tea contains the hallucinogen DMT, which is a Schedule I controlled substance, the federal government contends that it may prohibit plaintiffs’ possession and use of Daime tea regardless of its use as a sacrament in plaintiffs’ religion.
Guided by the unanimous decision of the United States Supreme Court in a very similar case, Gonzales v. 0 Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006) (UDV III), I conclude that the Religious Freedom Restoration Act, 42 U.S.C. § § 2000bb to 2000bb-4, requires that plaintiffs beallowed to import and drink Daime tea for their religious ceremonies, subject to reasonable restrictions. I will enter a judgment and permanent injunction. These are my findings of fact and conclusions of law after the court trial. Fed. R. Civ. P. 52 (a) .
