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Remedies Keyed to Tabb, 8th
Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal
Citation:
546 U.S. 418 (2006)Facts
O Centro Espirita Beneficente Uniao do Vegetal is a Christian Spiritist sect originating in Brazil’s Amazon region with approximately 130 American members. Central to their faith is receiving communion through hoasca, a sacramental tea brewed from two Amazonian plants, one containing dimethyltryptamine (DMT), a hallucinogen listed as a Schedule I substance under the Controlled Substances Act. In 1999, U.S. Customs intercepted a shipment of hoasca to the American UDV and discovered fourteen prior shipments had been received. Customs seized the tea and threatened prosecution. The UDV filed suit seeking declaratory and injunctive relief, claiming the Controlled Substances Act’s application to their sacramental use violated RFRA. The government conceded the UDV’s religious exercise was sincere and substantially burdened, but argued compelling interests in health, preventing diversion, and treaty compliance justified the prohibition.
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