Transcript Richardson J Sacred Teas Cambridge 2

The Use of Sacred Teas and the “War
on Drugs” in the United States,
Canada, and Europe
James T. Richardson
[email protected]
Jennifer Shoemaker
Background
• Use of ayahuasca, a decoction of two native plants,
developed in Amazon jungles of Peru and Brazil among
indigenous tribes; exact beginning is unclear; probably
within last century but perhaps much longer
• Ayahuasca use has become globalized in recent decades,
spreading rapidly to urban areas in Brazil and to other
continents, including North America and Europe, as well
as Japan and other nations in the Far East
• Spread has caused great consternation for drug
enforcement agencies and others because the decoction
contains trace amount of dimethyltrypamine (DMT)
• Has led to many efforts at social control by governments
and major legal cases in several countries
My Approach
• Mainly descriptive, historical, and legal analyses,
focusing on diffusion of the ritual use of
ayahuasca around the world and reaction to this
new development
• Diffusion pattern different but hypothesize that
pattern of social control efforts will mirror what
has happened in various countries with reaction
to NRMs of other types
• Law used as major social control device; reveals
normative function of the courts
Developments in Brazil
• Various religious groups use ayahuasca in rituals, including Santo
Daime and O Centro Espirita Beneficente Uniao do Vegetal (UDV),
which combine elements of Christianity (Catholicism), Spiritism, and
indigenous religious traditions
• Controversy in mid-1980s, but after much study (1986 and 1992
governmental reports) these groups are accepted official religions in
Brazil with thousands of adherents and churches in every major city
and State; ritual use of ayahuasca accepted by the government as
beneficial and therapeutic and not harmful to public
• “Religious tourism” has developed with people coming from around
the world to participate in rituals in Brazil; some then attempt to
establish groups in their home countries
• Church leaders from Brazil also travel to other countries to lead
rituals and promote spread of their religion
United States Cases
• UDV group established in in early 1990s in Santa Fe, NM;
first such development outside of Brazil; Santo Daime
groups also established in various places
• Legal battles eventually erupted; UDV prevailed Feb. 21,
2005 unanimously in U.S. Supreme Court, using the
Religious Freedom Restoration Act; first time religious
freedom won over “war on drugs” in U.S.
• Santo Daime prevailed in Oregon case, March 18, 2009,
using the UDV case as determining precedent
• Conditions for use negotiated in these cases are onerous,
but use of the sacred tea is allowed.
• Major RLUIP case now occurring in New Mexico in dispute
over building a church for the UDV group there
Canadian Legal Situation
• 1996 drug statute precludes use or sale of cannabis, coca leaf, and opium
poppy, but not plants that combine to make ayahuasca; however,
preparations containing DMT are precluded
• Considerable relatively positive discussion of ayahuasca in literature and
media in Canada in 1990s and later
• Church established in Montreal in 1996; imported ayahuasca until 2000,
when Royal Canadian Mounted Police seized a shipment from Brazil
• RCMP recommended applying for an exemption under the law, which
allows such for medical or scientific reasons, or in the “public interest;”
Church applied under latter, and received favorable and unique
administrative ruling in Sept. 2006, with “approval in principle” subject
to approval from Brazil for the exportation of ayahuasca (still pending)
• One major case, Regina v. Uyunkar, in Ontario involving woman who
died during ceremony that included ayahuasca and tobacco; Uyunkar
pled guilty and was sentence to year of community service
• Several chapters of Santo Daime church now exist in Quebec and Ontario
The Netherlands
• Santa Daime registered as religion in 1995
• Dutch Supreme Court declared in 1998 that any preparation
containing a hallucinogenic chemical was illegal: Minister of
Health agreed, over expert recommendations, in December, 2008.
• Two Santo Daime leaders arrested in Oct. 1999 for using
ayahuasca in religious ritual ; district prosecutor sought to dismiss
case, but church leaders refused and fought the case.
• Amsterdam District Court ruled on May 21, 2001 that prohibition
of ayahuasca violated Article 9 of the ECHR; case involved much
expert testimony for defendants, a finding of sincerity by
defendants, and that the tea was not a threat to public welfare
• Similar case in Haarlem District Court, with same result, citing
Amsterdam decision; case is on appeal, but use of ayahuasca is
now legal in the Netherlands
Germany
• First arrived in 1989; no serious issues at first, with New Agers promoting
use of ayahuasca
• Trouble developed in 1994 with very negative article in Der Spiegel; but
several churches were established in major cities, although not
successful in forming a national unified organization.
• Effort in 1998 to develop national church centered in Bad Berka near
Weimar, at Schloss Gutenberg
• Sept. 25, 1999 a major raid ay Bad Berka by nearly 100 heavily armed
federal law enforcement; arrested visiting group of Brazilian church
leaders; took 62 liters of tea
• Raids shortly thereafter also in France and Netherlands, as well as in
Hannover, Stuttgart, Berlin, and Hamburg
• Bad Beka community moved to Netherlands to escape harassment, but
continued legal battle; case finally dismissed in 2007 and tea returned
• Achieved official registration in 2004; have openly practiced rituals with
ayahuasca since
Spain
• Ayahuasca introduced in 1985; officials of Santo Daime Church
arrived in 1989 for first church rites in Europe
• Branches now in Madrid, Barcelona, and several other cities, with
hundreds involved
• Considered registering as legal entity in 1993; pursued in April,
2000 after three arrests in Madrid, with sensationalistic media
coverage
• Judgment in favor of Church on Oct. 20, 2000, after scientific
studies of ayahuasca considered
• Sought legalization of Church after that; finally succeeded due to
mistake by administrative agency.
• Church is now legal entity but problems remain with importation
and use of tea; drug enforcement officials not accepting of
sacramental nature of ayahuasca
Italy
• Santo Daime groups developed in mid-1990s in Assisi and Genoa;
were well-accepted; had applied for legal status under Italian law
• Tea imported under certification by Brazilian Ministry of
Agriculture for several years, but this stopped in early 2000s, with
subsequent problems importing after that
• 24 Church of Santo Daime members arrested in Assisi on March
18, 2005; charged with violating drug laws; huge outpouring of
negative media coverage against the group
• Court of Cassation ruled, on appeal, on Oct. 6, 2005, that
ayahuasca is not an illegal drug, as it is from natural substances
• All charges dropped on April 4, 2006, but subsequent cases arose
in other areas.
• On May 13, 2008, national Santo Daime organization registered
by governmental agency; all tea returned, but issues remain
United Kingdom
• Santo Daime groups operated in U.K. since mid-1990s;
Two churches established (London and Devon) in 2006)
• Press coverage began in 1996 and continued
intermittently
• August 2009 officials in U.K. and across Europe began
confiscating ayahuasca and arresting practitioners; two
arrested in U.K.
• Peter Aziz sentenced to 15 months; cut to four months
• Use of Ayahuasca remains in limbo; practitioners forced to
use water in rituals; but research on ayahuasca now
allowed
• Applying for charitable status, which is pending
France
• Ayahuasca legal from January 13 to May 3, 2005, after two long abortive
trials involving one group of users and one therapy group
• One case involved Santo Daime members charged in 1999 with
“acquisition, use, sale, and international traffic of illicit substances
pertaining to a sect;” case finally dismissed on appeal Jan. 13, 2005:
”insufficient legal basis” and confiscated tea was returned
• Lyon case: upset Father of 25 year old daughter who was undergoing
psychotherapy (but not using the tea) by therapists connected to users;
developed large inflammatory report and sent to many agencies
including MILS and ADFI, causing huge media outcry and leading to
indictment of several; case initially dismissed but refiled by government,
but failed again
• Cases failed because ayahuasca was not illegal, but French Ministry of
Health acted quickly to criminalize, and did so effective May 3, 1005
• “Sectoϊdal” was new term used in government report used to support
new designation, as tea supposedly induces chemical submission to
dishonest leaders of groups classified as sects.
Conclusions
• Conflict with “war on drugs” continues; Ironic that many
governments known for promoting religious freedom
have difficulty accepting ritual use of ayahuasca and
exempting it from coverage by drug laws; usually involves
years of litigation and negotiation
• Individual, non-ritual use of ayahuasca is still not legal in
most countries, but probably not a major issue given the
negative aspects of ingesting the decoction
• Trend seems to be toward legalization, using expert
testimony concerning lack of negative effects and danger
to the public, plus freedom of religion grounds
• Pattern seems similar to what has happened with NRMs in
Western actions; courts playing major role
Pattern of Outcomes
Legal: Freedom
of religion
Brazil
yes
Canada
yes
U.S.
Yes
Netherlands
yes
Spain
Germany
Italy
U.K.
France
Legal on
other grounds
Illegal
yes
Yes
Yes
(?)
Yes