A federal appeals court has ruled that a New Mexico church’s use of a hallucinogenic tea was likely to be protected under freedom of religion laws.
The ruling, issued by the Tenth Circuit Court of Appeals in Denver Thursday, upheld a preliminary injunction against the U.S. Attorney General and federal agencies that sought to prohibit the tea’s use.
The appeals court agreed with the U.S. District Court in New Mexico that the Brazil-based O Centro Espirita Beneficiente Uniao do Vegetal church had demonstrated a likelihood of success in winning an exemption for sacramental use.
The tea is brewed from plants found only in the Amazon River Basin and contains a drug barred by the Controlled Substances Act.
Church president Jeffrey Bronfman sued the Justice Department after 30 gallons of hoasca tea were seized by U.S. Customs agents from his office in Santa Fe in 1999.