He writes
This is the fifth video of my fourth Lecture Series covering pre-RFRA case law concerning the religious use of psychedelics. As stated, the judicial record pre-RFRA (November 1993) primarily consists of a hodge podge of state cases, some federal, and generally did not entertain the notion protected religious use. However, it is worth note that peyote use was approved by various state courts and federal agencies.
In regards to pre-RFRA case law, I note both People v. Woody, 61 Cal. 2d 716, 40 Cal. Rptr. 69, 394 P.2d 813 (1964) and Peyote Way Church of God, Inc. v. Smith, 742 F.2d 193 (5th Cir. 1984). Both of these cases upheld the sacramental use of peyote. However, it was not until the Uniao do Vegetal won their RFRA suit in Arizona District Court in 2002, did the federal or state courts approve of any other psychedelic sacraments under the free exercise laws.
Finally, I discuss United States v. Kuch, 288 F. Supp. 439 (D.D.C. 1968). While this case involves the denial of free exercise protections to psychedelic users, it involves defining religion and it makes sense to me. Let me know what you think. I am going to publish Kuch here as I have a copy on hand (PDF)-see attached.
So I hope you enjoy!!!! I will be returning tomorrow for the next video in our lecture series, covering post-RFRA free exercise cases. This sub-topic will probably take two videos, I’ll try and knock them out over the next few days. I’ve kind of been feeling up to it!!! Wink Wink
