Gonzales v. O Centro Espírita Beneficente União do Vegetal is a 2006 US Supreme Court case about ayahuasca. After US Customs seized a shipment of hoasca bound for the American branch of the UDV church, the church sued under the Religious Freedom Restoration Act, which bars the government from substantially burdening religious exercise unless it shows a compelling interest pursued by the least restrictive means (Gonzales v. O Centro, 2006).
On 21 February 2006 the Court held that the government had failed to show, at the preliminary-injunction stage, a compelling interest in barring the UDV’s sacramental use. It pointed to the long-standing exemption for Native American religious use of peyote, and noted the UDV had about 130 American members. Chief Justice Roberts wrote for all participating justices (Gonzales v. O Centro, 2006).
The ruling was narrow. It did not make ayahuasca legal in the United States, and it protected one church. A 2009 Oregon federal court extended similar protection to a Santo Daime church (Church of the Holy Light of the Queen v. Mukasey, 2009), and in 2011 an appeals court narrowed that injunction (Holder, 2011). US rulings do not apply in Canada, where DMT is a Schedule III substance under the Controlled Drugs and Substances Act and religious use needs a section 56 exemption. This is not legal advice.
Sources
- Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006), syllabus
- Church of the Holy Light of the Queen v. Mukasey, 615 F. Supp. 2d 1210 (D. Or. 2009)
- Church of the Holy Light of the Queen v. Holder, 443 F. App’x 302 (9th Cir. 2011)
- Controlled Drugs and Substances Act (Justice Laws)
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