Newsbrief: Supreme Court Puts Hold on Religious Ayahuasca Use 12/3/04

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https://stopthedrugwar.org/chronicle-old/365 /udv.shtml

Two weeks ago, the New Mexico-based US branch of the Brazilian church Centro Espirita Beneficiente Uniao do Vegetal (UDV, or Union of the Vegetable) won in federal appeals court the right to use the Amazonian hallucinogen ayahuasca in its religious rites (https://stopthedrugwar.org/chronicle-old/363/udv.shtml). On Wednesday, the Bush administration was back in court on the case, seeking and winning a stay from the Supreme Court blocking the church from using its sacrament until they have heard the case.

The 10th US Circuit Court of Appeals in Denver had ruled that the church would probably win its case, and granted a temporary injunction barring the government from suppressing its ayahuasca rituals in the meantime, but Supreme Court Justice Stephen Breyer granted the government a temporary stay to give both sides more time to file arguments with the court.

"Compliance with the injunction would force the United States to go into violation of an international treaty designed to prevent drug trafficking worldwide, which could have both short- and long-term foreign relations costs and could impair the policing of transnational drug trafficking involving the most dangerous controlled substances," acting Solicitor General Paul Clement wrote in a court filing.

The case arose when federal agents raided the Santa Fe, New Mexico, offices of the church's US branch in 1999, seizing 30 gallons of ayahuasca tea. Unfortunately for the feds, the leader of the US branch, Jeffrey Bronfman, is an extremely well-heeled heir to the Seagram's whiskey fortune. Bronfman sued, and so far, he and the church have won every round.

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Issue #365 , 12/3/04

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