Ayahuasca on Trial: Religion, Law, and Politics in Brazil, the United States, and France

Abstract

This paper examines the emergence of religious ayahuasca use as a subject of public attention and state intervention in Brazil, the United States, and France. In Brazil, ayahuasca has been legally permitted for religious use since the 1980s, and by the late 2000s public policies shifted from drug control toward cultural heritage, driven by groups from Acre seeking recognition of their practices as intangible heritage. In the United States, two Brazilian religions – União do Vegetal (UDV) and Santo Daime – and two non-Christian churches, the Church of the Eagle and the Condor and the Church of the Celestial Heart, secured legal rights to use ayahuasca through litigation and settlements, gaining exemptions from the Controlled Substances Act under the Religious Freedom Restoration Act. In contrast, France banned ayahuasca in 2005, shortly after a Santo Daime group successfully appealed drug charges, and the substance remains illegal today, with groups often labeled dangerous cults and seen as threats to republican ideals. This study examines how terms such as religion, cult, drug, hallucinogen, and cultural heritage are mobilized in public disputes to shape perceptions and influence policy. It analyzes legal cases, legislation, policies, social media, institutional documents, and interviews with key figures in regulatory debates. The central argument positions ayahuasca as a lens to understand how states define religion and legitimate religious practice, offering fresh perspectives on religious freedom, drug regulation, and state authority, and highlighting how democracies manage minority faiths, cultural rights, and the limits of state intervention.

Presenters

Henrique Fernandes Antunes
Coordinator, Ayahuasca Community Committee, Chacruna Institute for Psychedelic Plant Medicines, California, United States

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

The Politics of Religion

KEYWORDS

Ayahuasca, Regulation, Brazil, United States, France