Ayahuasca Vision 2021

The legal landscape for ayahuasca in the United States is complex and contradictory. Religious groups can seek exemptions from federal drug laws through judicial or administrative processes, but the Drug Enforcement Administration (DEA) tightly controls administrative exemptions and has never granted one; a recent high-profile applicant, Soul Quest, was denied. Two churches have obtained exemptions via federal court litigation, and two others are currently suing the DEA. State laws vary: about two-thirds of states favor religious exemption, while the rest are unclear or negative. The DEA plans to revise its guidance on religious exemptions. Religious practitioners must navigate both state and federal law and should proceed with extreme caution.

Study at a glance

Abstract

The laws in the United States around the legality of ayahuasca are complex, detail oriented, and contradictory in many ways. There are both judicial and administrative processes for religious adherents or churches that use ayahuasca to seek exemption from Controlled Substances Act prohibitions and criminal sanctions. However, the Drug Enforcement Administration (DEA), a federal law enforcement agency within the US Department of Justice, tightly controls the administrative exemption process and subjects applicants' purported religious exercise to heavy scrutiny. No ayahuasca churches have successfully received an administrative exemption from DEA and a recent high-profile applicant, Soul Quest, was denied. Two ayahuasca churches have garnered religious exemptions using litigation in federal court, and two others are in the process of suing DEA to obtain an exemption. These cases should be closely watched. In addition to federal law, various state laws provide differing degrees of protection for religious exercise with ayahuasca in the United States. The law weighs in favor of religious exemption in about two-thirds of states and remains unclear or negative in the remaining one-third of states. Religious practitioners must observe both state and federal law when working with ayahuasca. Finally, the DEA has announced its intent to engage in agency rulemaking to revise federal law enforcement's administrative guidance document governing religious exemptions to Controlled Substances Act (CSA) prohibitions, including religious exercise with ayahuasca. Religious practitioners should closely monitor the agency's rulemaking process and participate as necessary in order to shape the outcome. The chapter concludes that, at present time, ayahuasca religious practitioners should proceed with extreme caution given the complexity of the law in the United States.