Santo Diame wins in District Court

http://www.erowid.org/chemicals/ayahuasca/ayahuasca_law24.shtml

Santo Diame wins in District Court

On March 18, 2009, a U.S. District Court judge, Owen Panner, found that the
U.S. Regligious Freedom Restoration Act (RFRA) protects the Santo Daime's use
of DMT-containing ayahuasca as part of their sincere religious practices.

This U.S. District Court (the lowest type of U.S. federal court) based its
decision on a U.S. Supreme Court decision from February 2006 in a case where
the UDV (another ayahuasca-using church) sought a preliminary injunction to
stop the DEA from seizing the ayahuasca they import into the United States.
The Supreme Court granted that preliminary injunction in favor of the UDV.

Judge Panner writes, "Guided by the unanimous decision of the United States
Supreme Court in a very similar case, Gonzales v. O Centro Espirita
Beneficente Uniao de Vegetal, 546 U.S. 418 (2006), I conclude that the
Religious Freedom Restoration Act, 42 U.S.C. ¤ ¤ 2000bb to 2000bb-4, requires
that plaintiffs be allowed to import and drink Daime tea for their religious
ceremonies, subject to reasonable restrictions."

". . .Plaintiffs have established their prima facie claim by more than a
preponderance of the evidence. Plaintiffs have established that they are
sincere in their religious beliefs, and that the ceremonial use ofthe Daime
tea is essential to their religion. It is obvious that prohibiting the use of
Daime tea would substantially burden the exercise of plaintiffs'
religion. . ."

". . .The government has failed to show that outright prohibition of the Daime
tea is the least restrictive means of furthering its interests. . ."

". . .Plaintiffs are entitled to relief under RFRA. Judgment will be entered
for plaintiffs in accordance with this opinion."

Unless a higher court overturns this decision in the future, this ruling
allows the Santo Daime church to legally import and use ayahuasca tea in
their religious practices without being in violation of federal law.

(Full court decision also available on this site)