Posted on 12/12/2004 6:31:17 PM PST by Coleus
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Fri Dec 10, 8:09 PM ET
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By MARY PEREA, Associated Press Writer
ALBUQUERQUE, N.M. - The U.S. Supreme Court (news - web sites) sided Friday with a New Mexico church that wants to use hallucinogenic tea as part of its Christmas services, despite government objections that the tea is illegal and potentially dangerous.
The high court lifted a temporary stay issued last week against using the hoasca tea while it decides whether the Brazil-based O Centro Espirita Beneficiente Uniao do Vegetal is permitted to make it a permanent part of its services.
The legal battle began after federal agents seized 30 gallons of the tea in a 1999 raid on the Santa Fe home of the church's U.S. president, Jeffrey Bronfman.
Bronfman sued the government for the right to use the tea and the church won a preliminary injunction, which was upheld by 10th U.S. Circuit Court of Appeals (news - web sites) in Denver. The Bush administration then took the case to the Supreme Court.
"They're delighted," attorney Nancy Hollander said of the church members she represented. "They're so thrilled that they can celebrate Christmas for the first time since 1998."
Bronfman and attorneys for the government did not immediately return calls seeking comment.
The church, which has about 140 members in the United States and 8,000 worldwide, said the herbal brew is a central sacrament in its religious practice, which is a blend of Christian beliefs and traditions rooted in the Amazon basin.
Hollander said the tea is drunk in a ritual similar to the Catholic Communion. Church members then sit in a circle and meditate; they believe the tea brings them closer to God.
The tea is brewed from plants found in the Amazon River Basin and contains DMT, which officials say is a controlled substance under an international treaty.
However, Bronfman's complaint contends the tea is "non-addictive, is not harmful to human health and poses none of the risks commonly found with the use of certain controlled substances."
The church had drawn parallels to federal protection for members of the Native American Church using peyote, which also has hallucinogenic properties.
My thought is that if you use this tea and you jump right into the essence of schizophrenia without having tried to cope with the experience. Besides, you are expecting hallucinations!
A good experiment would be to find someone willing to be a "heavy user", say one of those guys nailing down 131 marijuana cigarettes a week, and have him drink this tea for a couple of months.
Bet he'd try to come to grips with the visions.
It's use and importation were while not common, at least
legal up until a few years ago, now of course it has risen
high enough to be on the radar and now another entheogen
is denied the people.
The term, "getting high" doesn't really apply to something
as awesome as these natural entheobotanicals, that experience is not exactly "fun".
I realize this reply is rather late - I just found this thread while searching for something else on the SCOTUS...
But - you are exactly correct - with this ruling, I cannot see how you could be prosecuted as long as your drug use was restricted to religious ceremonies.
Of course, you had better not call your new religion anything "Christian" sounding - or the newly found freedom won't apply to you.
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