Sunday, November 14, 2004

rspb.org.uk
Court upholds hallucinogenic tea for religious rites

In a victory for religious freedom, a preliminary injunction has been continued by the courts to allow a Brazilian based church to continue to use a concoction of Amazonian herbs in their religious ceremonies.

The U.S. attorney general, the Drug Enforcement Administration and other government agencies are trying to stop the Brazil-based O Centro Espirita Beneficiente Uniao do Vegetal from using hoasca tea, which is brewed from plants found only in the Amazon River Basin.

Last year, a three-judge panel of the 10th U.S. Circuit Court of Appeals upheld a lower federal court's ruling granting the church a preliminary injunction, blocking the government from stopping the use of the tea while the church sues the government. The lower court said the use of the tea is likely protected by freedom of religion laws.

The government then asked the full court to consider the appeal, arguing that permitting the tea violates a 1971 treaty on psychotropic drugs. A majority of the court agreed the preliminary injunction should be upheld but some judges objected.


Sometimes the system works.

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