let us pray that our country of the USA is still free for all religions.


---------- Forwarded Message -----------
From: "Thomas Roberts" <[EMAIL PROTECTED]>
To: undisclosed-recipients:;
Sent: Tue, 06 Dec 2005 17:07:45 -0600
Subject: Ayahuasca Supreme Ct. case, links

from MAPS

7. Ayahuasca Case Heard in the Supreme Court

On November 1, The Supreme Court heard a case pitting the federal
government
against a Brazilian Ayahuasca Church based in New Mexico, the Centro
Espirita Beneficiente Uniao do Vegetal (UDV). The New York Times
<http://www.maps.org/sys/nq.pl?id=659&fmt=page> and others
<http://www.scotusblog.com/movabletype/archives/2005/11/herbal_tea_case.html

#more> covered the story.

The federal government banned the UDV from using ayahuasca, also known
as
hoasca, because the DMT-containing substance, taken in the form of a
brewed
tea, is illegal under federal drug laws. In 1999, U.S. Customs
officials
seized a shipment of ayahuasca and subsequently raided a church
member's
home. UDV eventually sued and last year the 10th Circuit Court of
Appeals
upheld a lower court's finding: the federal government did not prove
that
the drug posed a significant danger to its congregants or that use of
ayahuasca would lead to non-religious use or abuse. The Drug
Enforcement
Administration was forced to register UDV as a legal importer and
distributor of ayahuasca. The Bush Administration, however, appealed
the
case to the Supreme Court. Pending the Supreme Court's decision in
this
case, UDV members are allowed to import and to use ayahuasca for
sacramental
purposes. The Supreme Court has not yet issued its ruling and will
probably
not do so for several months. However, some sophisticated observers of
the
oral arguments have said that it is a possibility, but not a certainty,
that
either the UDV will win the case or the Court will not rule but send
the
case back to a lower court for further litigation, while enabling the
UDV to
keep using ayahuasca while the lower court's case goes forward. Time
will
tell.
------- End of Forwarded Message -------


---
TCB'n,
Noah

"The foundation of all mental illness is the unwillingness to experience
legitimate suffering."
        - Carl Jung

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