•  
  •  
 

First Page

239

Last Page

304

Document Type

Article

Abstract

Ayahuasca is an ancient and powerful psychedelic brew that has been used for many centuries in the Amazon rainforest, and over past decades has been gaining popularity in western countries such as the United States. The ayahuasca brew contains dimethyltryptamine (DMT) and accordingly is banned by the Controlled Substances Act (CSA). But some groups working with ayahuasca have applied for exemptions under the Religious Freedom Restoration Act (RFRA), and so far, at least five such groups have received exemptions, either via court decision or via agreement with the Drug Enforcement Administration (DEA). However, the factors that courts and the DEA will consider when evaluating these requests are not currently well defined. This Article will discuss the current law in this area and suggest improvements with the aim of helping the law guide the development of ayahuasca use in the United States in positive directions. The regulation of ayahuasca as religion is complicated by the fact that one of ayahuasca’s primary uses is for healing; indeed, it is often referred to as medicine. But it is important to recognize that this is quite different from modern western medicine: it tends to be far more focused on the spiritual, though it can also effect healing on the emotional, psychological, and physical levels. The spiritual emphasis of most ayahuasca use tends to support the consideration of ayahuasca use as religion rather than medicine. However, applying modern western notions of religion too rigidly has the potential to create perverse incentives; for example, if only those who drink ayahuasca with a certain frequency or make it a primary focus of their life are considered religious users, this might tend to incentivize overuse or even abuse. Accordingly, this Article will provide background on the elaborate spiritual beliefs traditionally surrounding ayahuasca use, which continue to influence contemporary use in the United States, and should help to contextualize discussions of whether and when ayahuasca use should qualify as religious under RFRA. This Article will also consider how the concept of religious use as applied to ayahuasca use can be shaped within the currently prevailing doctrinal framework to promote more desirable practical values, including moderation, flexibility, safety, respect, reciprocity, and sustainability.

Download

Share

COinS