Laws Pertaining to Entheogens and Religion

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Free Exercise Clause: The First Amendment guarantees the free exercise of religion,  which provides a fundamental basis for protecting religious practices involving  entheogens. Courts have recognized that sincere religious practices are entitled to  protection, even when they involve substances that are otherwise controlled or prohibited. 

Overview: Enacted in 1993, RFRA is designed to prevent laws that substantially burden  a person's free exercise of religion. Under RFRA, the government must demonstrate a  compelling interest and use the least restrictive means of furthering that interest if it seeks  to restrict religious practices.

Application: RFRA has been used successfully in cases involving the religious use of  controlled substances, such as in Gonzales v. O Centro Espirita Beneficente Uniao do  Vegetal, where the Supreme Court ruled in favor of a religious group using ayahuasca.  

Overview: AIRFA was enacted in  1978 to protect the religious rights of  Native Americans, including the use  of sacred substances like peyote. 

Amendments: The 1994  amendments specifically protect the  sacramental use of peyote by Native  Americans, setting a precedent for  religious exemptions involving  entheogens.  

Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal (2006): This Supreme  Court case upheld the right of the União do Vegetal (UDV) church to use ayahuasca in  religious ceremonies under RFRA, emphasizing that the government had not  demonstrated a compelling interest in prohibiting its use. 

Employment Division v. Smith (1990): Although this case initially limited the scope of  religious exemptions from generally applicable laws, it led to the enactment of RFRA,  which provides a statutory basis for religious exemptions.  

State RFRAs: Several states have enacted their own versions of the RFRA, which can  provide additional protections for religious practices involving entheogens.

Decriminalization and Legalization Initiatives: Some states and municipalities have  moved toward decriminalizing or legalizing the use of certain entheogens, creating a  more permissive legal environment for religious use. Examples include Oregon's  Measure 109, which legalizes psilocybin therapy, and local ordinances in cities like  Denver, Oakland, and Santa Cruz.  below to learn more about our kids and teens ministries.

Universal Declaration of Human Rights (UDHR): Article 18 of the UDHR guarantees  the right to freedom of thought, conscience, and religion, providing an international legal  framework that supports religious practices involving entheogens.