OPEN Foundation

K. Feeney

Bubbling with Controversy: Legal Challenges for Ceremonial Ayahuasca Circles in the United States

Abstract

The use of ayahuasca has been spreading rapidly worldwide; however, no current statistics are available to provide a comprehensive understanding of the scope or pace of this expansion. In the United States, the expansion has included the appearance of the Brazilian ayahuasca religions Santo Daime and União do Vegetal (UDV), underground ceremonial circles, workshops with itinerant Amazonian shamans, and spiritual retreat centers. This trend has included the recent emergence of groups and organizations that publicly advertise “legal” ayahuasca ceremonies and retreats. This chapter maps the existence of a series of organizations and actors who have controversially claimed legal protection through incorporation as “branches” of the Native American Church (NAC). The legality, religious character, and sincerity of these churches are reviewed in light of governing law, such as the First Amendment of the US Constitution, the Religious Freedom Restoration Act (RFRA), the Controlled Substances Act (CSA), and pertinent court cases involving the UDV and the Santo Daime, as well as ethnographic accounts of the historical Native American Church. Finally, it examines a petition for a religious exemption from the CSA from Ayahuasca Healings and speculates on the possibilities of the future of ayahuasca legality in the United States.

Feeney, K., Labate, B. C., & Hudson, J. H. (2018). Bubbling with Controversy: Legal Challenges for Ceremonial Ayahuasca Circles in the United States. Plant Medicines, Healing and Psychedelic Science: Cultural Perspectives, 87-111. 10.1007/978-3-319-76720-8_6
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Peyote as Commodity: An Examination of Market Actors and Access Mechanisms

Abstract

Access to the peyote cactus, a religious sacrament of the Native American Church (NAC), has been regulated by the federal government and the state of Texas since the 1960s. Over the last forty years, the number of licensed distributors has declined, a trend accompanied by rising prices and a diminishing market supply of the psychoactive cactus. Distributors are recognized as the primary NAC peyote source; consequently, their disappearance would be devastating for the 250,000-plus adherents of this distinctive indigenous tradition. Based on interviews with current and former peyote distributors, peyote pickers, landowners, and NAC members, a map of the various commodity chains that make up the peyote supply network is constructed. This research applies Access Mapping and Access Analysis of the supply network to identify the primary factors driving the decline of the regulated peyote trade. Focusing on the distributors’ and NAC members’ rights-based, structural, and relational access mechanisms, avenues for increasing access are identified, including amendment of distributor licensing fees.

Feeney, K. (2017). Peyote as Commodity: An Examination of Market Actors and Access Mechanisms. Human Organization, 76(1), 59-72. 10.17730/0018-7259.76.1.59
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Peyote as Medicin: an Examination of Therapeutic Factors that Contribute to Healing

Abstract

The therapeutic value of particular “hallucinogenic” plants is recognized by various cultures throughout the globe, with evidence suggesting that the medical and ritual use of these plants may date back several millennia in some instances. Peyote, a psychoactive cactus, is considered a medicine by many Native Americans, and has been hailed as a cure for alcoholism despite having no “scientifically” accepted medical use. The notion that hallucinogenic compounds may have therapeutic applications, however, is increasingly supported by scientific research. Despite the heavy focus of allopathic medicine on pharmacology, the therapeutic value of peyote must be understood in holistic terms. By uniting Gordon Claridge’s work on the Total Drug Effect with the work of Daniel E. Moerman and Wayne B. Jonas on the Meaning Response, and with Toksoz Karasu’s Agents of Therapeutic Change, a therapeutic model emerges that can explain how the symbolic, ritual, and community components of the peyote ceremony combine with peyote’s distinctive pharmacological properties to produce a unique and efficacious healing experience.

Ayahuasca-Liane, D., & Peyote-Kaktus, D. (2014). Zeitschrift für Medizinethnologie• Journal of Medical Anthropology. Curare, 37(2014), 3.
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Revisiting Wasson's Soma: Exploring the Effects of Preparation on the Chemistry of Amanita Muscaria

Abstract

In 1968 R. Gordon Wasson first proposed his groundbreaking theory identifying Soma, the hallucinogenic sacrament of the Vedas, as the Amanita muscaria mushroom. While Wasson’s theory has garnered acclaim, it is not without its faults. One omission in Wasson’s theory is his failure to explain how pressing and filtering Soma, as described in the Rig Veda, supports his theory of Soma’s identity. Several critics have reasoned that such preparation should be unnecessary if equivalent results can be obtained by consuming the raw plant, as is done with other psychoactive mushrooms. In order to address these specific criticisms over 600 anecdotal accounts of Amanita muscaria inebriation were collected and analyzed to determine the impact of preparation on Amanita muscaria’s effects. The findings of this study demonstrated that the effects of Amanita muscaria were related to the type of preparation employed, and that its toxic effects were considerably reduced by preparations that paralleled those described for Soma in the Rig Veda. While unlikely to end debate over the identity of Soma, this study’s findings help to solidify the foundation of Wasson’s theory, and also to demonstrate the importance of preparation in understanding and uncovering the true identity of Soma.

Feeney, K. (2010). Revisiting Wasson’s Soma: Exploring the Effects of Preparation on the Chemistry of Amanita Muscaria. Journal of psychoactive drugs, 42(4), 499-506. https://dx.doi.org/ 10.1080/02791072.2010.10400712
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