DEA Approves Church’s Petition To Use Psychedelics In Religious Ceremonies Without The Need For A Lawsuit

A Washington State church says the Drug Enforcement Administration (DEA) has approved its application for an exception under federal drug laws to use the psychedelic ayahuasca in religious ceremonies—and, for the first time, the agency granted the unique exemption without legal challenges.

The Church of Gaia on Friday said DEA approved a petition for congregants to use ayahuasca under the Religious Freedom Restoration Act (RFRA), which was enacted in 2009 to create a pathway for religious organizations to request a carve-out under the Controlled Substances Act (CSA).

There have been relatively few examples of DEA approving such petitions in the years since—and churches that have sought the exemption have had to engage in litigation against the federal government over their requests. Uniquely, approval for this latest petition was granted without the need for lawsuits, as Mason Marks of Psychedelic Week first reported.

“As the sacrament for the Church of Gaia, Ayahuasca serves as a profound ceremonial tool for accessing spiritual connection and abundance,” Connor Mize, founder of the church, said in a press release. “In pursuing the religious exemption, we aimed to ensure the safety of the church’s members, Indigenous elders, and leaders while protecting the right to practice our sacred ceremonies without persecution. This exemption means the church can fully embrace its religious offerings, including the Ayahuasca ceremonies we’ve long prayed for.”

While it’s not clear why this specific church’s petition moved along without litigation that’s come to be expected, the Government Accountability Office (GAO) did encourage DEA in a report last year to reform the petition process for psychedelics-related religious exemptions under the RFRA.

“Over an eight-year period—from fiscal year 2016 through January 2024—DEA reported that 24 petitioners requested a religious exemption for various controlled substances,” GAO said. “As of January 2024, DEA reported that none of these petitions had been granted an exemption, and of the six for psilocybin, three were withdrawn and three were pending a DEA determination.”

“DEA’s information also showed instances where finalized actions regarding exemption petitions related to other controlled substances have been pending a determination for an extensive period—one almost five years and one almost eight years,” it said.

Maestro Tito Amasifuen Valera, ceremonial leader at the Church of Gaia Ceremonial, said that “with the emerging use of Ayahuasca in the United States, it poses both unique opportunities and challenges.”

“Ayahuasca has a deep spiritual significance in Indigenous Amazonian cultures. It is important that those who wish to use it respect the sacred cultural context of its traditional uses,” Valera said. “Ayahuasca is not just a plant, but a portal to understanding oneself, nature, and the interconnectedness of all.”

Meanwhile, in a lawsuit over the legal status of an Iowa-based church that wants to incorporate ayahuasca into its own ceremonies, the Justice Department last year downplayed the significance a deal hammered out between the federal government and a separate, Arizona-based church that also uses the psychedelic brew as part of its practice.

The Iowaska Church of Healing first sent its petition to DEA asking for an exemption around ayahuasca use in 2019. The church found an unusual ally in anti-drug Sen. Chuck Grassley (R-IA), who court filings described as instrumental in expediting the regulatory appeals process back in 2021. A Grassley spokesperson told Marijuana Moment at the time that the senator’s help shouldn’t necessarily be viewed as an endorsement of the church’s point of view on psychedelics, however.

Separately in February, a federal appellate court rejected the latest effort by a Washington State doctor who is seeking to legally use psilocybin to treat cancer patients in end-of-life care, ruling that DEA provided a reasonable explanation in denying the doctor’s request.

In the background of DEA’s approval of the Church of Gaia’s petition for a CSA exemption, advocates are closely following to see how the agency under the Trump administration navigates a pending proposal to federally reschedule marijuana that stalled out at the end of the Biden administration last year amid legal challenges by witnesses in an administrative hearing.

President Donald Trump’s pick to lead DEA, Terrance Cole, has declined to commit to rescheduling cannabis, or to say how he’d approach federal enforcement in states that have legalized cannabis.

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