This column is a collaboration with DoubleBlind, a print magazine and media company at the forefront of the psychedelic movement.
A psychedelic trip can be among the most sacred experiences of a persons life. And yet, that impulse to take a psychedelic for a spiritual reason is often overlooked as a reason to lift prohibition for psychedelic substances.
Oftentimes, cannabis legalization is seen as a model for psychedelics. With cannabis, we are seeing the plant being legalized piecemeal, usually for medical and then recreational use. Indeed, weve already begun to see two main routes to ending psychedelic prohibition: medicalization and decriminalization. But what this binary paradigm of medicalization versus decriminalization conceals is a third way of using psychedelics: getting legal sanction for the spiritual or religious use of psychedelic substances, which, among a variety of traditions, are deemed to be sacred tools used in holy rituals.
No, were not talking about newly formed weed or psilocybin churches that are built around using controlled substances under religious protection; but rather, long-established religions that include the use of psychedelics in contemporary practice. In a small but fast growing movement, members of Abrahamic faiths are incorporating entheogens substances that occasion spiritual experiences into their own practices, and referencing Biblical traditions as precedent for doing so.
Take, for instance, the quickly growing meetup group called Faith+Delics, run by Plant Medicine Law Group founding partner Adriana Kertzer, which has grown to dozens of members in less than half a year, drawing rabbis, priests, scholars, and practitioners of Judaism, Islam, and Christianity. Then theres the Jewish Entheogenic Society on Facebook, boasting close to 1,000 members, not to mention the upcoming Jewish Psychedelic Summit, where dozens of speakers are slated to present on ancient psychedelic ritual and religious frameworks, Jewish shamanism, and contemporary practices. (One of these organizers is Madison Margolin, an author of this article.)
For more than half the past decade, Madison, who is Jewish, has observed and participated in prayer circles and Sabbath rituals involving magic mushrooms, ayahuasca, MDMA, cannabis, and other entheogens. As one underground guide from a Hasidic background who serves plant medicine within the Jewish community puts it, these plants are teachers and healers, helping our people heal from traumas that theyve been going through for thousands of years, as a minority people in Europe and other lands, and helping us embrace our true nature what were born from, and our roots. By working with plant medicine like ayahuasca, many in the community, he says, have transformed their relationships with their spouses, employees, God, religion, and themselves. Rituals involving these plants, he adds, can be practiced in a non-pagan way, but integrated into the sacred of all religions.
And its not all New Age spiritual approaches being applied to established religion, either: Archaeological evidence shows the presence of cannabis residue at holy biblical sites in the ancient city of Tel Arad in Israel, while scholarship also points to the use of acacia wood (containing DMT) and a cocktail of other entheogens used in Israelite incense rituals, as well as kaneh-bosm (cannabis) in Christs holy anointing oil.
But the question remains: For those who incorporate psychedelics into their contemporary practice of a well-established religion, is there legal protection to do so? And if not, could pursuing religious protection be yet another route to ending prohibition?
To start, the First Amendment offers protection for religious observation and practice. Religious freedom is regarded as the first freedom, and is the first thing in the First Amendment, explains Gary Smith, general counsel to the Peyote Way Church of God and founding partner of Guidant Law Firm, which handles cannabis and plant medicine cases. Congress cannot establish or qualify any particular religion. From that perspective, no one needs to go to the government to get permission for the religious use of any substance [as] there is no department of religion, he adds. That being said, you need to have the entheogen at the heart of your religious observation. It cant be merely incidental, but rather a bonafide sacrament.
Take, for instance, the Tel Arad archaeological dig, where cannabis and frankincense were found in an altar at the entrance to the Holy of Holies of a Judahite Shrine. Is that enough to make the argument that Judaism in its modern expression should include cannabis? Maybe, Smith says. If you can prove that theres historical precedent, I think you have a historical argument. But absent that, youd need people to come together in some form of Jewish congregation in good faith with a bona fide argument that cannabis is a central sacrament to their iteration of worship and then under RFRA, it would be the federal governments burden to prove it has a compelling interest to regulate on top of that practice. But a connection between practitioners of an old-world religion and an entheogen can be established with or without historicity, Smith adds; most of all, proving that connection would depend upon those persons coming together in a bonafide religious context (and all that that means).
The Religious Freedom Restoration Act (RFRA) prohibits the federal government from substantially burdening a persons exercise of religion, even if the burden results from a rule of general applicability. In other words, even if a substance like ayahuasca is federally illegal, groups using it for sincere religious purposes may be able to seek out protection under RFRA. But proving the sincerity of the religious practice is another feat altogether. The catch-22 is that for anyone pursuing this religious freedom, until a court rules that the practice is compliant with RFRA, there will be an omnipresent potential for discrimiation, or even prosecution.
Truth be told, whether a psychedelic substance can legally be used in religious ceremony is unsettled law with the exception of religious exemptions offered to the Native American Church (NAC) to use peyote, and the Uniao do Vegetal (UDV) and Santo Daime churches to use ayahuasca.
If I were speculating about whether or not a currently established religion could use a controlled substance, I would consider the fact that UDV and Santo Daime are syncretic religions, merging elements of other religions together, says Ismail Ali, policy and advocacy counsel at the Multidisciplinary Association for Psychedelic Studies (MAPS), who also advises churches in this area of the law.
UDV and Santo Daime have Christian elements, although they are ayahuasca churches, while the NAC similarly is based to some extent on a church, Ali explains. They take elements of a majority religion and apply it to a minority religion, he says. So looking at that, I think it does make it in some ways more plausible that a community using entheogenic substances that is basing off a currently established religion might be more likely to get an exemption.
But its not so simple as basing an entheogenic practice off an already well-established religion. Members of said religion might need rulings from religious leaders and to show some level of established practice and traditions using entheogens, Ali says.
Its like youre creating a different sect [of an established religion], explains Serena Wu, founding partner at Plant Medicine Law Group. Its a difficult situation here: There has to be something unique about this particular religious practice, that is different from traditional Jewish [or Christain, Muslim, etc.] practice. But then the question is, why would one incorporate entheogens into their religious practice if there are folks practicing the same religion who dont feel the need to do so? If its about more than just getting around the Controlled Substances Act (CSA), Wu explains, the individual would need to articulate how the use of the entheogen applies to their religious practice in a central way. A court will look to see whether you are just now coming up with this idea, like some weed churches, and they will start to question if you have a sincerely held belief.'
Short of expanding RFRA protections or changing the scheduling of certain entheogens, a religious group may use RFRA as a defense in the case of a criminal prosecution, for example, as a result of sacraments being seized by the DEA. There are also other offensive litigation mechanisms, like filing for declaratory or injunctive relief to get the court to say what your rights are and possibly issue an order to restrain the federal government from violating your rights, Wu says. These types of complaints were filed in the UDV and Santo Daime cases. Currently, the Church of the Eagle and Condor, in collaboration with Chacruna, are using a novel strategy, she explains, in regard to cases in which ayahuasca was seized by the Customs and Border Patrol at the border. The Church will, among other things, file FOIA requests to figure out what happened to the seized ayahuasca and establish a legal process to return the sacraments to the churches.
Indeed, the DEA is yet another hurdle religious groups may have to navigate in efforts to gain legal protection. The DEAs process of getting exemption from the CSA is fraught, with many attorneys holding that the agency isnt qualified to be involved in this process, at all, of deciding whats a religion and whats not. The core thing to know is that in order to apply [to the DEA for exemption] you have to say that your use of the substance is necessary for your practice, with necessary being the keyword, Ali says. And yet you also have to stop using it while youre waiting for the DEA to respond. The paradox there is quite apparent. If the substance is so necessary, then an observant religious group wouldnt be able to stop to wait for permission because in suspending use, theyd be showing that the entheogen isnt so necessary after all. Some attorneys even argue this process is unconstitutional because it would require a group or individual to self-disclose illegal activity, without guaranteeing an outcome thereby putting people even more at risk than less.
In general, with administrative procedures in law, theres an exhaustion requirement, Ali explains, showing that all available remedies have been tried before judicial solutions are available. So if there is an available remedy such as the DEA process, if its legitimate, then the courts wont necessarily see the case unless the group gets denied through that process first. What frustrates the situation, however, is when the DEA simply does not respond to the request what some have experienced as all too common a strategy of the agency thereby keeping a group from taking further action without an official rejection.
The bottom line, however, is that necessity of religion is stronger than the goals of the CSA, says Ali. But in the case of an old-world religion, members might first have to prove why an entheogen is so central the practice now, when such rituals have been dormant for the past few thousand years.
With evidence mounting for the incorporation of psychedelics into contemporary Abrahamic religious practice, it may become easier to make a case that these substances are indeed central and necessary: Indeed, in Madisons seven-plus years of reporting on the overlap of religion and psychedelics, weve observed that for those who otherwise would not be practicing religion altogether including secular-raised folks lacking religious insipration, as well as those whove fled from more hardcore orthodox backgrounds psychedeilc spirituality, through ayahuasca, LSD, mushrooms, and other entheogens used during holidays and rituals, has been the only means by which theyve been able to meaningfully practice the religion. Many people have resistance to their religion, the underground plant medicine guide says. But I feel that the medicine is incredibly healing, helping us shed our ancestral baggage, get over these humps, and connect to the Creator.
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- Vermont Senate Passes Psychedelic Working Group Bill To Study How Entheogens Might Benefit Physical And Mental ... - Marijuana Moment - March 31st, 2024 [March 31st, 2024]
- Melissa Etheridge's New Book and Play Delve Into Her Son's Opioid ... - CelebStoner - October 29th, 2023 [October 29th, 2023]
- Walking the poison path: An interview with Coby Michael - The Wild Hunt - October 29th, 2023 [October 29th, 2023]
- Entheogenic drugs and the archaeological record - Wikipedia - April 14th, 2023 [April 14th, 2023]
- Learn All About The Top 10 Entheogens - Zamnesia Blog - February 20th, 2023 [February 20th, 2023]
- Entheogens and Psychedelics (including Ayahuasca, LSD, Peyote ... - December 12th, 2022 [December 12th, 2022]
- Terence McKenna - Wikipedia - October 23rd, 2022 [October 23rd, 2022]
- Enlightenment (spiritual) - Wikipedia - October 21st, 2022 [October 21st, 2022]
- Shamanism - Wikipedia - October 17th, 2022 [October 17th, 2022]
- The History Of: Hallucinogens, Psychedelics & Entheogens - August 25th, 2022 [August 25th, 2022]
- How Does Sound Therapy Enhance the Psychedelic Experience? - Psychedelic Spotlight - July 31st, 2022 [July 31st, 2022]
- Could we please have some consistency in our drug laws - Mail and Guardian - July 3rd, 2022 [July 3rd, 2022]
- Filament Health and Jaguar Health Sign Letter of Intent to Develop Botanical Prescription Drugs for Specific Mental Health Indications - Yahoo Canada... - June 11th, 2022 [June 11th, 2022]
- 5 Next-Generation Psychedelics Entering Clinical Trials This Year - Psychedelic Spotlight - May 28th, 2022 [May 28th, 2022]
- Mental Health Startup Journey Colab Aims To Develop Mescaline As An FDA-Approved Treatment For Alcohol Use Disorder - Forbes - April 29th, 2022 [April 29th, 2022]
- Breaking down the decrim movement: Discoveries, doubts and personal ins & outs - Aspen Daily News - April 29th, 2022 [April 29th, 2022]
- Aztec use of entheogens - Wikipedia - March 29th, 2022 [March 29th, 2022]
- The Michigan Decriminalization of Psilocybin Mushrooms and Other Plants and Fungi Initiative Has Been Approved For Circulation As A Ballot Initiative... - February 24th, 2022 [February 24th, 2022]
- 5 Black Pioneers Combatting the Whitewashing of Psychedelics - Psychedelic Spotlight - February 17th, 2022 [February 17th, 2022]
- From Mycophobia to Mycophilia - The McGill Daily - The McGill Daily - February 17th, 2022 [February 17th, 2022]
- Entheogens and Plant Medicine: An Introduction Microdose - Microdose Psychedelic Insights - February 9th, 2022 [February 9th, 2022]
- Schumer Gives Update On Federal Marijuana Legalization And Banking In Meeting With Equity Advocates - Marijuana Moment - February 1st, 2022 [February 1st, 2022]
- USDA Teams Up With Cornell University For Hemp Education Webinar Series - Marijuana Moment - February 1st, 2022 [February 1st, 2022]
- Ohio Lawmakers Will Be Forced To Consider Marijuana Legalization As State Validates Activist Signatures - Marijuana Moment - February 1st, 2022 [February 1st, 2022]
- Psilocybin: Following in the Footsteps of Cannabis Along the Path to Legality - JD Supra - January 29th, 2022 [January 29th, 2022]
- What ketamine therapy taught me about my Jewish intergenerational trauma - Forward - January 29th, 2022 [January 29th, 2022]
- Debunking Myths and Misconceptions of the Psychedelics Industry - Rolling Stone - January 9th, 2022 [January 9th, 2022]
- What are you most excited for in Washtenaw County in 2022? - Concentrate - December 15th, 2021 [December 15th, 2021]
- Looking Into The Florida Bill That Proposes Decriminalization Of Psychedelics (And Every Other Illegal Dr - Benzinga - December 15th, 2021 [December 15th, 2021]
- The Wisdom of Agnosticism - The Humanist - December 15th, 2021 [December 15th, 2021]
- What Are Psychedelic Drugs (Hallucinogenics)? | Leafly - November 28th, 2021 [November 28th, 2021]
- Cannabis & Marijuana Education: Learn All About Weed | Leafly - November 28th, 2021 [November 28th, 2021]
- Vex - Destinypedia, the Destiny wiki - November 11th, 2021 [November 11th, 2021]
- Seattle City Council wants to decriminalize 'magic ... - November 11th, 2021 [November 11th, 2021]
- Tonight at 11: The unseen side of magic mushrooms, from moms to home growers - KIRO Seattle - November 11th, 2021 [November 11th, 2021]
- Guide to Entheogens: Plants, Therapy, Medicine - October 30th, 2021 [October 30th, 2021]
- What are entheogens and which are the best ones - October 30th, 2021 [October 30th, 2021]
- An upcoming election, pay requirement, and holiday, this week - KUOW News and Information - October 30th, 2021 [October 30th, 2021]
- Congressman Says He'll Bring The Psychedelics Reform Movement To Capitol Hill 'This Year' - Marijuana Moment - October 7th, 2021 [October 7th, 2021]
- From Cannabis MSO To Drug Development: Goodness Growth Wants To Understand Traditional Psychedelics Use - - Benzinga - September 16th, 2021 [September 16th, 2021]
- Jarvis Brookfield on his psychedelic paintings, dream-like states and what it means to be human - Creative Boom - September 12th, 2021 [September 12th, 2021]
- Oregon Psilocybin Panel Teams Up With Harvard To Research Psychedelic History And Impacts Of Reform - Marijuana Moment - September 12th, 2021 [September 12th, 2021]
- National Hemp Association Asks Congress To Budget $1 Billion To Support Industry Innovation - Marijuana Moment - September 12th, 2021 [September 12th, 2021]
- Psychedelic Drug Therapy: Tips and Support for the Experience - Greatist - August 28th, 2021 [August 28th, 2021]
- University of Michigan police say safety will be top priority at psychedelic shroom festival - MLive.com - August 22nd, 2021 [August 22nd, 2021]
- Two Years After Oakland's Psychedelic Decrim, What's Been the Impact? - Filter - August 4th, 2021 [August 4th, 2021]
- Psychedelics Decriminalization Advancing In Three More Cities, Spanning From Coast To Coast - Marijuana Moment - August 4th, 2021 [August 4th, 2021]
- Witch City Tarot & Divination Gathering | Coby Michael Ward - Patheos - July 29th, 2021 [July 29th, 2021]
- With Push From New Nonprofit, Arcata City Council Will Soon Consider a Resolution That Would Decriminalize Psychedelic Plants and Fungi in Arcata -... - July 7th, 2021 [July 7th, 2021]
- Group Hopes to Decriminalize Entheogens (Psychoactive Plant Substances) Within Arcata City Limits Redheaded Blackbelt - Redheaded Blackbelt - July 5th, 2021 [July 5th, 2021]
- Winners of Columbia@Roundabout's 2021 New Play Reading Series Announced - Broadway World - June 24th, 2021 [June 24th, 2021]
- Biden said he'd cut down on unemployment benefits, but he really might reinstate a pre-pandemic job-seeking policy The Madison Leader Gazette - The... - May 11th, 2021 [May 11th, 2021]
- The psychedelic revolution is coming. Psychiatry may never be the same - bdnews24.com - May 11th, 2021 [May 11th, 2021]
- Native Tribes Should Have More Say in the Psychedelic Movement - Green Entrepreneur - April 29th, 2021 [April 29th, 2021]
- Red Light Holland and Headland West Indies Lead #SVGStrong, a Relief Effort in St. Vincent and the Grenadines - InvestorIntel - April 29th, 2021 [April 29th, 2021]
- Psychedelic Experience launches new website to help navigate the world of psychedelics - PRNewswire - April 25th, 2021 [April 25th, 2021]
- Zide Door Oaklands Church of Entheogenic Plants - April 15th, 2021 [April 15th, 2021]
- Opinion | Is it time for Seattle to decriminalize shrooms and psychedelics? - Crosscut - April 15th, 2021 [April 15th, 2021]
- Following Local Successes, Cambridge State Rep. Puts Forward Bills on Controlled Substance Reform | News - Harvard Crimson - March 29th, 2021 [March 29th, 2021]
- The Potential (and Peril) of Legalizing Psychedelics - Progressive.org - January 1st, 2021 [January 1st, 2021]
- Oakland continues move to protect entheogen plants - The Leaf Online - September 18th, 2020 [September 18th, 2020]
- The Only Obstacle To A Healthy World Is Government Secrecy And Propaganda - Scoop.co.nz - July 21st, 2020 [July 21st, 2020]
- There's More to the CHOP Than What the Media Will Have You Believe - Study Breaks - July 21st, 2020 [July 21st, 2020]
- Entheogens | Sacred Geometry - June 15th, 2020 [June 15th, 2020]
- Entheogen - Wikipedia - May 4th, 2020 [May 4th, 2020]
- The Return Trip: Psychedelics may come back from the abyss of illegality - Valley Advocate - November 23rd, 2019 [November 23rd, 2019]
- How San Francisco's Summer of Love sparked religious movements - The Oakland Press - August 25th, 2017 [August 25th, 2017]
- Outside the Box - HuffPost - August 13th, 2017 [August 13th, 2017]
- 'Summer of Love' shaped American lives, spiritual expression - Houston Chronicle - July 29th, 2017 [July 29th, 2017]
- The Summer of Love was more than hippies and LSD it was the start of modern individualism - The Independent - July 24th, 2017 [July 24th, 2017]
- How San Francisco's Summer of Love sparked today's religious movements - Religion News Service - July 22nd, 2017 [July 22nd, 2017]
- The Poisoner: Pharmakos and Veneficus-Poisoner's Apothecary - Patheos (blog) - July 19th, 2017 [July 19th, 2017]
- The Summer of Love was more than hippies and LSD it was the start of modern individualism - Metro Newspaper UK - July 8th, 2017 [July 8th, 2017]
- The Summer of Love was more than hippies and LSD it was the ... - The Conversation UK - July 7th, 2017 [July 7th, 2017]
- Entheogen - PsychonautWiki - July 1st, 2017 [July 1st, 2017]
- The History and Possibilities of Putting Weed in Your Witchcraft - Seattle Weekly - June 29th, 2017 [June 29th, 2017]
- Entheogens : Al-Kemi : spagyrics and alchemy - June 27th, 2017 [June 27th, 2017]
- Virtual Reality Takes Consciousness Research into Mystic Realms of the Divine Play - The Sociable - June 26th, 2017 [June 26th, 2017]
- Entheogen - June 15th, 2017 [June 15th, 2017]
- Entheogens | Drug War Facts - June 5th, 2017 [June 5th, 2017]