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The Entheogen Law Reporter

The Entheogen Law Reporter

Issue No. 10 Spring 1996, pp. 91-99

• Ninth Circuit Holds RFRA Applies in Entheogen Cases
  • Practice Pointers: RFRA & the Religious Use of Entheogens
• Supreme Court Decides LSD Case
• Government Returns Peyote and Drops Charges Against Arizona Couple
• Shulgin Legal Fund
• Minor's Conviction for Possessing Fake LSD Upheld
• Information Sources: Mind Books
• Florida Psilocybe Case Bars Mushroom Conviction
• CSP Presents "Code of Ethics for Spiritual Guides"
• Back Matter

The Entheogen Law Reporter Issue #9 - Winter 1995 ISSN 1074-8040 Chicago Police Seize Artwork: [10,000 Doses by Gregory Green] Entheogens Around the World Rene Rikkelman, a Dutch Journalist whose writings have been published in the European entheogen-oriented magazines, Soft Secrets and Psycho-Active Network, filed this report about the "Dutch Mushroom Pandemic". John Allen on Psilocybin-Containing Mushrooms in Southern Asia Jochen Gartz on the absence of Analog Drug Laws in Europe: DPT, 2-CT-7 and 2-CE, Psilocybe semilanceata in the UK, Natural Species Protection Act in Holland. Q+A: Where are spore prints legal? Is it safe to order from exotic plant companies? When is a drug an illegal analog? Is growing a plant manufacturing a drug? Is nitrous oxide legal to possess and inhale? Supreme Court Hears LSD Case Book Review: New Book by Jonathan Ott [The Age of Entheogens/Angel's Dictionary] Serve Your Community: Donate a TELR subscription to a Court or Law School Library.

The Entheogen Law Reporter Issue No. Eight - Fall 1995 pp.70-80: Indiana Court Affirms Man's Psilocybe Mushroom Conviction. Federal Anti-Drug Laws May Violate the Commerce Clause. LSD Possession Conviction Upheld Based on Past Possession. Reviews, Resources & Conferences Religion and Psychoactive Sacraments: A Bibliographic Guide Sacred Mushrooms and the Law Psychedelic Abstracts Online Integration: journal for mind-moving plants and culture. HerbalGram União do Vegetal - Conference on Ayahuasca. Ethnobotany and Chemistry of Psychoactive Plants - Field courses in Palenque. Landmark Cases in Entheogen Law - The Neo-American Church DEA Rejects Church's Request for Equal Access to Sacramental Peyote.

The Entheogen Law Reporter Issue No. Five - Winter 1994 pp.39-47: The Jurisprudence of Peyote in the U.S. More on the Religous Use Declaration in issue No. 4. Ayahuasca. Ketamine. Final rule on AET (AlphaEthylTryptamine).

The Entheogen Law Reporter Issue No. Four - Fall 1994 pp.28-38: Entheogens and Free Exercise of Religion - including the Religous Use Declaration. Founder of Marijuana-using church arrested. Harmine. Ketamine. California statutes on mushroom spores. Recent LSD carrier-weight cases. Indiana case challenges illegal mushrooms. Spore seller sentenced. Mail search update.

The Entheogen Law Reporter Issue No. One - Winter 1993 pp.1-6: A complete and up-to-date listing of the "Hallucinogens" explicitly outlawed under Federal law. DEA declares Khat illegal. DEA Notices intention to schedule 2-CB. Survey of 1993 published opinions on entheogens. The "Drug Package Profile."

The Entheogen Law Reporter Issue No. Seven - Summer 1995 pp.59-69: Opium-using Hmong Shaman Wins Reprieve From Deportation The Legal Status of Catha edulis (aka khat) Plant growing Equipment as Illegal Drug Paraphernalia? AIRFA Protects Indian's Use of Peyote While on Probation DEA Issues Final Rule on 2C-B (aka Nexus) The Antidote to Delusion Prior Ingestion of LSD Does Not Defeat Possession Conviction Is Red Pepper Mash (aka Tabasco Sauce) a "Dangerous Weapon?"

The Entheogen Law Reporter Issue No. Six - Spring 1995 pp.48-58: Recent LSD cases on mandatory minimums. Ketamine-related arrests. Indiana case: Psilocybin v. Psilocybe mushroom. Religious Freedom Restoration Act: Law Review articles of note. Death of an Ally. International Mail Search Case. LSD sentence entrapment. Dog alert to drug-tainted currency. The spectacle of deterrence. DEA jurisdiction. Trichocereus peruvianus. Brugmanisa candida outlawed in Maitland, Florida. Archaic New Jersey law outlaws Jimson Weed (Datura). New York seizures of bufotenine.

The Entheogen Law Reporter Issue No. Three - Summer 1994 pp.16-27: Magic Mushroom case-law Spore seller raided. First religious freedom restoration act drug case. Update on Bufo alvarius (toad) cases. Supreme Court construes mail order paraphernalia act. Mail search update.

The Entheogen Law Reporter Issue No. Two - Spring 1994 pp.7-15: Agents arrest man and woman for smoking toad venom. State-by-State survey of exemptions for religious Peyote use. Federal mushroom conviction upheld. 2-CB and AET Updates. The law of consensualsearches.

Federal Anti-Drug Laws May Violate Commerce Clause excerpt from: The Entheogen Law Reporter - Issue Eight, Fall 1995, Page 72

The Comprehensive Drug Abuse Prevention and Control Act of 1970 is the law that established the federal scheduling system for "narcotic" or "dangerous drugs. ... In enacting the federal law, Congress asserted that it was acting entirely within its power to regulate interstate commerce. (See TELR #6, page 57 for a verbatim quote from the Act itself explaining Congress' weak reasoning in this regard.) Previous legal attacks aimed at showing that the federal drugs law was not authorized by the Commerce Clause have all been rejected under Supreme Court precedent which has historically permitted Congress broad powers in this area [1]. However, [...] "the law" is ever changing and presents few bright lines. A new case can entirely dismantle decades of line-drawing and statutory or constitutional interpretation. Just such a case was recently decided by the United States Supreme Court, calling into question the constitutionality of the federal anti-drug law. In United States v. Lopez[2], decided on April 26, 1995, the Supreme Court struck down the federal law which made it a crime to possess a gun within 1000 feet of a school [3].This was the Supreme Court directly telling the Congress that it had overstepped it's powers. The gun law, said the Court, was only tangentially related to interstate commerce and, hence, would not be justified under the Commerce Clause. Interstate commerce, found the Court, was not "substantially affected" by someone possessing a gun near a school. Commenting on the Lopez decision, constitutional law scholar, Erwin Chemerinsky, recently questioned whether many federal drug laws might be vulnerable to a renewed attack on the ground that they do not fall withing the Commerce Clause and, hence, are outside Congress' regulatory power. Discussing the potential wide-spread ramifications of Lopez, Professor Chemerinsky explained: The majority's narrow definition of Congress' powers gives the Court a basis for striking down countless federal laws. For example, many federal drug laws might be vulnerable because they regulate activities that are only tangentially related to interstate commerce. Likewise Lopez can be used to challenge federal RICO prosecutions where there is not a strong relationship between the activity and interstate commerce.... The Lopez decision opens a door to constitutional challenges that appeared to have been closed almost 60 years ago. [4] ... Notes: [1] In a 1964 opinion, the Court stated, "the authority of Congress to keep the channels of interstate commerce free from immoral and injurious uses had been frequently sustained, and is no longer open to question." Heart of Atlanta Motel, Inc. v. U.S. (1964) 379 U.S.241,256[85 S.Ct.348,13,L.Ed.2d 258].) [2]U.S. v Lopez (1995) 115 S.Ct. 1624, 131 L.Ed.2d 636. [3]Gun-Free School Zone Act of 1990; 18 U.S.C. sec 992(q)(1)(a) & 921(a)(25). [4]Chemerinsky, E. "Interpreting the Constitution: A Dramatic Conservative Turn" in August 9-16, 1995 Res Ipsa 11. Click here for the full text of this article.