A Maine church has filed a lawsuit against the federal government over alleged interference with members’ use of a hallucinogenic substance during its services.
Pachamama Sanctuary argues in its lawsuit against the federal government that it uses ayahuasca tea during certain ceremonies.
A South American ceremonial tea, ayahuasca contains DMT, a Schedule I controlled substance under the Controlled Substances Act (CSA).
Named in the lawsuit as defendants are the U.S. Attorney General, the Department of Homeland Security (DHS), the Drug Enforcement Administration (DEA), and Customs and Border Protection (CBP), as reported by the Bangor Daily News.
Although ayahuasca tea is hallucinogenic, the church and its spiritual leader, Derek Januszewski, have in court filings claimed that their use of it is strictly religious and is therefore protected under the Constitution and the Religious Freedom Restoration Act (RFRA).
Approved by the United States Congress in 1993, the RFRA codified a constitutional rule known as the compelling-interest balancing test that had been in use by the Supreme Court since 1990.
Under this test, laws that are otherwise religiously neutral but are found to place a substantial burden on religious practices are unconstitutional unless they are deemed to serve a legitimate government interest.
According to the lawsuit, the federal government seized plant materials that are essential to members’ ability to partake in their religious practices.
The church goes on to argue that the use of ayahuasca tea is limited strictly to highly regulated religious observances, putting their use of it on par with that of other churches which have received the kind of legal protection they are seeking.
Pachamama Sanctuary was originally located in New Hampshire but moved to a 40-acre Maine property in 2023 following zoning issues with its old building. Its tract of land in Maine houses both a retreat center and church.
As a result of this lawsuit, Pachamama Sanctuary is seeking permission to legally import, prepare and distribute ayahuasca for religious ceremonies.
Pachamama Sanctuary also wants to see the federal government’s actions declared unlawful and unconstitutional.
