Church Startup as it relates to Gonzales vs. O Centro Espirita Beneficente UDV

[rwb0027]

I reside in Texas. I have read about the União do Vegetal congregation of Santa Fe that recently won their Supreme Court case (Gonzales vs. O Centro Espirita Beneficente União do Vegetal) affirming the consumption of Hoasca or Ayahuasca (a drink containing a scheduled substance) as a legal religious rite.

The FAQ on the UDV USA website (http://www.udvusa.com/faq.php) quotes:

"The federal court's decision only relates to the religious use of the sacrament of hoasca within the "clearly defined, circumscribed context" of the UDV."​

My question is: What are the hurdles one must overcome to begin a new congregation of this UDV church which would be accommodated under this Supreme Court decision?

Said church shall not seek tax-exempt status nor be incorporated.

I imagine it can't be as easy as merely claiming association with UDV.. can it?

 

[FlyingRon]

Almost certainly it would require you to demonstrate that you have some true communication with their church and that you were adopting the tenets of their religion that requires the scheduled substance rather than you being a bunch of unrepentant druggies looking for a loophole.

 

[rwb0027]

Thank you for responding Mr. Ron, and I'm glad your stay at Holiday Inn Express has helped you so. I still hope that others may respond as this topic narrows upon its target and someone more enlightened than I can offer up some substantial legal advice.

I totally agree with the comment about 'adopting the tenets of their religion' seeing as how one must be able to demonstrate that one is a practicing member of said religion.

However, what might be a sufficient demonstration of association? Mr. Ron, you mentioned communication, yet it seems too ideal that a duly funded investigation into a church's right to practice will be thwarted by keeping up with email or phone records.

Does said church have to be a sponsored by the organization that operates the Santa-Fe UDV branch, or can a UDV church operate in good standing without the permission of some other organization?

My point being: Does one have to ask permission? Does one need paperwork to register as an 'official UDV church'?

 

[FlyingRon]

If you want to be affected by their upheld injunction against federal entities blocking their importation and use of the ayahuasca, then you have to show you are actually part of their (as I said in communication church). Otherwise, you can fight your own battle under the RFSA as these folks did. The decision isn't a blanket authorization to do so, just that the argument that there could be no exception for schedule I substances isn't valid and that the government had not shown the case.

When you come here asking for free advice on how to break the law and get away with it, you'd get more answers if you avoid being insulting to those who are offering help.

 

[rwb0027]

I guess my humor was too potent for you.