Understanding the Santo Daime Case
by Bia Labate and Matthew Meyer
Recently, as a lot of you might have heard, the Cefluris Santo Daime branch
Church of the Holy Light of the Queen (CHLQ) won a favorable ruling in its
case in Oregon (USA). As usually happens with questions involving ayahuasca
on the internet, a lot of information is going around. We’d like to clarify
some basic things about the case.
First of all, it is important to clarify that the decision is not the end of
the road: there is still the question of what form the permanent injunction
will take [see update below], and especially the level of oversight the DEA
or other government agencies will have over the group. Judge Owen Panner did
imply that he may allow the DEA to test the CHLQ’s Daime periodically. And
if the UDV case provides any guide, we can expect the government to appeal
and drag its feet as long as possible. (Although the UDV has been operating
under a preliminary injunction for the past few years, there is still no
permanent settlement in that case.)
Judge Panner’s decision is quite similar to the favorable opinion rendered
in the UDV case: the judge found that CHLQ had a valid claim under the
Religious Freedom Restoration Act, and that the government had failed to
show that it had a compelling reason to prohibit the CHLQ from using
ayahuasca in its rituals. The government’s arguments about the dangers of
ayahuasca were based on comparisons with injected synthetic DMT and with LSD
that Judge Panner found irrelevant to the case.
The Santo Daime case generated quite a bit of curiosity, even if it was kept
– differently than the UDV one – much more discreet and unknown to the
public (in addition to proceeding at a faster pace). There was a general
sense that the CHLQ would face a tougher battle than the UDV did because of
its looser organizational structure and allegations of cannabis use within
the Cefluris group of which the CHLQ is a part. These issues did not seem
very important to Judge Panner.
It is also interesting to note that Judge Panner based his decision entirely
on RFRA, and did not render a decision on the CHLQ’s Equal Protection claim,
which argued that the government could not legally allow the Native American
Church an exception to use peyote while denying the CHLQ the right to use
ayahuasca. Still, Judge Panner quoted from documents discussing the
importance of peyote to the NAC, drawing an implicit parallel in much the
same way that the Supreme Court did in the UDV case.
This decision by Judge Panner is an important moment in the ayahuasca
universe, and even if much is yet to be determined, it should be celebrated
by all of those who are concerned about human rights, freedom of religion,
and consciousness issues. In the next days it is expected that the judge
will specify the details of the injunction, instructing the CHLQ and the
government of their rights and responsibilities.
UPDATE:
On March 19th, the day after ruling in favor of the Oregon-based Santo Daime
group Church of the Holy Light of the Queen, district court Judge Owen
Panner set out the terms of a permanent injunction allowing the CHLQ to
import and use Daime in its religious rituals.
The injunction is based on the temporary order that has structured UDV use
of hoasca for the last few years, which itself is grounded in the Controlled
Substances Act (CSA) regulations for importers of controlled substances.
Here are the major points of the injunction:
1. The DEA must expedite the CHLQ’s application for status as an importer of
a controlled substance;
2. The CHLQ must give the names and Social Security Numbers of those who
handle Daime to the DEA;
3. The DEA may conduct inventories of Daime stock, although the CHLQ can
withhold inspection if they believe it interferes with their religion (this
includes a ban on inspection during ceremonies);
4. The CHLQ must inform DEA of quantity of Daime imported and give it a
sample (about 60ml from each batch imported) for testing for DMT content,
and must also keep a sample from each batch in Brazil;
5. The Daime must be stored in a padlocked refrigerator;
6. The CHLQ has to specify how much Daime is served in each ceremony, and
how many people participated (but not how much DMT each person received, as
the CSA ordinarily requires);
7. The CHLQ must advise participants or potential participants with a
history of psychosis to seek medical help, and that they are susceptible to
an adverse reaction.
Of course, the government still has the option of appealing the ruling
within 60 days. This decision will likely hinge on the depth of the changes
that have occurred within the Department of Justice with the Obama
administration’s ascendance.
Recently, as a lot of you might have heard, the Cefluris Santo Daime branch
Church of the Holy Light of the Queen (CHLQ) won a favorable ruling in its
case in Oregon (USA). As usually happens with questions involving ayahuasca
on the internet, a lot of information is going around. We’d like to clarify
some basic things about the case.
First of all, it is important to clarify that the decision is not the end of
the road: there is still the question of what form the permanent injunction
will take [see update below], and especially the level of oversight the DEA
or other government agencies will have over the group. Judge Owen Panner did
imply that he may allow the DEA to test the CHLQ’s Daime periodically. And
if the UDV case provides any guide, we can expect the government to appeal
and drag its feet as long as possible. (Although the UDV has been operating
under a preliminary injunction for the past few years, there is still no
permanent settlement in that case.)
Judge Panner’s decision is quite similar to the favorable opinion rendered
in the UDV case: the judge found that CHLQ had a valid claim under the
Religious Freedom Restoration Act, and that the government had failed to
show that it had a compelling reason to prohibit the CHLQ from using
ayahuasca in its rituals. The government’s arguments about the dangers of
ayahuasca were based on comparisons with injected synthetic DMT and with LSD
that Judge Panner found irrelevant to the case.
The Santo Daime case generated quite a bit of curiosity, even if it was kept
– differently than the UDV one – much more discreet and unknown to the
public (in addition to proceeding at a faster pace). There was a general
sense that the CHLQ would face a tougher battle than the UDV did because of
its looser organizational structure and allegations of cannabis use within
the Cefluris group of which the CHLQ is a part. These issues did not seem
very important to Judge Panner.
It is also interesting to note that Judge Panner based his decision entirely
on RFRA, and did not render a decision on the CHLQ’s Equal Protection claim,
which argued that the government could not legally allow the Native American
Church an exception to use peyote while denying the CHLQ the right to use
ayahuasca. Still, Judge Panner quoted from documents discussing the
importance of peyote to the NAC, drawing an implicit parallel in much the
same way that the Supreme Court did in the UDV case.
This decision by Judge Panner is an important moment in the ayahuasca
universe, and even if much is yet to be determined, it should be celebrated
by all of those who are concerned about human rights, freedom of religion,
and consciousness issues. In the next days it is expected that the judge
will specify the details of the injunction, instructing the CHLQ and the
government of their rights and responsibilities.
UPDATE:
On March 19th, the day after ruling in favor of the Oregon-based Santo Daime
group Church of the Holy Light of the Queen, district court Judge Owen
Panner set out the terms of a permanent injunction allowing the CHLQ to
import and use Daime in its religious rituals.
The injunction is based on the temporary order that has structured UDV use
of hoasca for the last few years, which itself is grounded in the Controlled
Substances Act (CSA) regulations for importers of controlled substances.
Here are the major points of the injunction:
1. The DEA must expedite the CHLQ’s application for status as an importer of
a controlled substance;
2. The CHLQ must give the names and Social Security Numbers of those who
handle Daime to the DEA;
3. The DEA may conduct inventories of Daime stock, although the CHLQ can
withhold inspection if they believe it interferes with their religion (this
includes a ban on inspection during ceremonies);
4. The CHLQ must inform DEA of quantity of Daime imported and give it a
sample (about 60ml from each batch imported) for testing for DMT content,
and must also keep a sample from each batch in Brazil;
5. The Daime must be stored in a padlocked refrigerator;
6. The CHLQ has to specify how much Daime is served in each ceremony, and
how many people participated (but not how much DMT each person received, as
the CSA ordinarily requires);
7. The CHLQ must advise participants or potential participants with a
history of psychosis to seek medical help, and that they are susceptible to
an adverse reaction.
Of course, the government still has the option of appealing the ruling
within 60 days. This decision will likely hinge on the depth of the changes
that have occurred within the Department of Justice with the Obama
administration’s ascendance.
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