DEA Sanctions Religious Use Of Ayahuasca But Refuses Psilocybin For Cancer Patients' Pain Relief

The Church of the Eagle and the Condor (CEC) announced on Monday that it settled its lawsuits with the Departments of Justice, Homeland Security, Customs and Border Protection and the DEA to use ayahuasca in its religious ceremonies.

Ayahuasca, a South American ceremonial hallucinogenic, is used socially and as spiritual medicine among the indigenous people and recently in Western culture. It contains DMT, a powerful hallucinogen that results in altered states of consciousness that purportedly can help those dealing with mental health issues.

Some churches, like the CEC, use it for its sacred religious rituals. 

Ayahuasca, which has gained popularity over the past decade including among celebrities, is classified as a Schedule I drug. The settlement obtained by the CEC was based on the Religious Freedom Restoration Act. 

"This Agreement permits CEC to import, receive, manufacture, distribute, transport, securely store, and dispose of ayahuasca solely for CEC's religious purposes," reads the settlement. "CEC may not conduct any of these activities for non-religious purposes, including but not limited to recreational purposes. CEC may not use any DEA registrations subject to this Agreement to import, receive, manufacture, distribute, store, or use any other controlled substance."

Huge news! 🔔 This is the first time since the Native American Church use of peyote as religious practice that a church with an Indigenous lineage has been formally recognised 🍃 The precedent has been set! @Chacruna_Inst https://t.co/J8uQGBkXKg

— Onaya Science (@Onaya_Science) April 23, 2024

CEC officials said in the press release that it is the first non-Christian church to receive protection for its spiritual practices and that 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 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,” stated Belinda P. Eriacho, a CEC board member. “We are grateful for the support of our donors, legal team, community, and Grandmother Ayahuasca. The Church is committed to our mission of spiritual unity of all people with the Creator." 

DEA Denies Psilocybin Use Under 'Right To Try' 

Meanwhile, the DEA recently urged the Ninth Circuit Court Of Appeal to stop a physician’s effort to use psilocybin to treat depression in patients dying from cancer, reported Green Market Report citing Law360. Psilocybin, the active compound in magic mushrooms, has been shown to provide therapeutic relief for end-of-life depression and anxiety. 

Dr. Sunil Aggarwal, co-founder of a Seattle-based psychedelics research and treatment clinic, Advanced Integrative Medical Science Institute (AIMS), has been fighting to prove that the Right to Try Act gives him the right to administer psilocybin to his patients. 

In a new filing, the DEA argues that the Right to Try Act is trumped by limitations laid out by the Controlled Substance Act and that physicians are obliged to comply with federal regulations. 

"The CSA and the FDCA (which the Right to Try Act amends) are separate regulatory schemes with separate requirements and restrictions," the DEA wrote. "Nothing in the Right to Try Act changes that."

Now read: DEA’s Resistance To Cannabis Rescheduling Ignites Policy Clash

Photo: Courtesy of T. Schneider via Shutterstock