A New Mexico church could be allowed to practice using Ayahuasca as early as Thanksgiving. Ayahuasca, typically brewed as a tea, is used as a sacrament in Native American religious ceremonies. This week, the 10th Circuit Court ruled in favor of the Brazilian Ayahuasca Church or Centro Espirita Beneficiente Uniao do Vegetal (UDV) and against the federal government in allowing the church to use the hallucinogen.

The Justice Department originally banned UDV from using Ayahuasca because the drug is illegal under the Controlled Substances Act. Before the 10th Circuit ruling, a three-judge panel of the same court also ruled in favor of UDV. The panel had required the government to prove Ayahuasca was a serious danger to the health of congregants and that religious use would lead to significant non-religious use. This burden of proof was never satisfied. Church head Jeffrey Bronfman had this to say in an email to supporters:

The District Court's order requires the DEA register our church as a legal Importer and Distributor of our sacrament, before we begin holding our ceremonies. Up until now they have not done this pending the outcome of their Appeal.

Although it is still possible that the Solicitor General and the Justice Department may now ask the United States Supreme Court to rehear their case, that is last recourse they have left. We are hopeful now that three different Court's have all reviewed the evidence and testimony (and all have reached the same conclusion in our favor) that the Supreme Court will allow this Preliminary Ruling to stand.