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North American Indigenous tribes have been using substances like ayahuasca for centuries in religious ceremonies. Unfortunately, the implementation of the United States and the subsequent anti-drug laws that followed made it challenging for many tribes to practice this heritage. Now, though, that may be beginning to change.
One Arizona church, known as the Church of the Eagle and the Condor (CEC), recently settled a lawsuit with the Drug Enforcement Agency (DEA), the Department of Homeland Security (DHS), and other federal agencies. As a result, the Indigenous organization will be able to use the psychedelic ayahuasca, which contains DMT (N, N-Dimethyltryptamine), in religious ceremonies.
“CEC is the first non-Christian church to receive protection for its spiritual practices regarding Ayahuasca. Also, this is the first time in history a church’s right to import and share its sacrament has been secured without going to trial. This has positive implications and paves the way for other Indigenous-based and syncretic religions. As part of the settlement, within their rights under the Religious Freedom Restoration Act, the CEC will receive religious exemption from the United States Controlled Substances Act (CSA). This settlement affirms legitimacy of Indigenous spiritual traditions within the U.S. legal system by recognizing the CEC as a bona fide religious organization,” the church wrote in a statement.
The lawsuit was first launched in 2022 after government officials seized a shipment of ayahuasca meant for church ceremonies. They were also threatened, being told that they could face charges if they continued to try importing the substance.
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“This settlement reaffirms our right to practice our spirituality as we have always known. It is a recognition by the U.S. government and an important milestone in honoring and validating indigenous belief systems,” said Belinda P. Eriacho, a CEC board member of Diné and A:shwii lineages. “Prior to contact, indigenous peoples have used sacred plant medicines for healing and ceremony since time immemorial.”
Under the rules of the settlement, church members can use ayahuasca in paste or liquid form solely for religious purposes. The DEA will also take samples of shipments to ensure that the only substance entering the country is ayahuasca. There is a centuries-long history of South and North American history using ayahuasca and other substances, such as mescaline, for religious ceremonies. Early research has indicated that it may have a number of potential health benefits, and ayahuasca retreats in South America have become increasingly popular in recent years.
“Our ceremony is rooted in the Shipibo Amazonian tradition which has been passed down by countless generations,” said CEC Ayahuasquero (sacramental practitioner) Joseph Tafur. “Now, in fulfillment of the ancient Prophecy of the Eagle and the Condor, this tradition has come to North America.”
Martha Hartney, CEC General Counsel, concluded the press release by stating: “The resolution of this case represents the government’s recognition of this community’s right to exercise their religious beliefs without interference. Their success is a watershed moment in the United States. Indigenous ways are returning to a place of honor, respect, and care in American culture–a culture made more beautiful because of Indigenous ritual, art, and cosmology in which all of creation is family.”
The successful settlement of this case could have far-reaching implications for the various Indigenous tribes and their religious ceremonies around the nation. As more tribes work to make their practices accessible to members, there may even be more accessible psychedelics available to Americans. This case marks a huge step forward for Indigenous peoples, who will hopefully gain further access to the religious freedom they once knew.
Emily is a Denver-based transplant from Virginia who is passionate about substance use harm reduction, yoga, and music. She writes and edits to support the extravagant lifestyles of her pug and cat. When she's not writing, she can be found doing flow and aerial arts or browsing flights to faraway places.
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