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Ayahuasca In The Supreme Court of the United States 04-1084

Ayahuasca In The Supreme Court of the United States 04-1084

  1. Jatelka
    UDV's case to be allowed to use ayahuasca as part of religious practice


    Controlled Substances Act was the least restrictive means of advancing three compelling governmental interests: protecting UDV members’ health and safety, preventing the diversion of hoasca from the church to recreational users, and complying with the 1971 United Nations Convention on Psychotropic Substances. The District Court granted relief, concluding that, because the parties’ evidence on health risks and diversion was equally balanced, the Government had failed to demonstrate a compelling interest justifying the substantial burden on the UDV. The court also held that the 1971 Convention does not apply to hoasca. The Tenth Circuit affirmed.
    Held: The courts below did not err in determining that the Government failed to demonstrate, at the preliminary injunction stage, a compelling interest in barring the UDV’s sacramental use of hoasca. Pp. 6–19.