FRESNO, Calif. (CN) — A federal magistrate judge on Tuesday denied the government’s motion to dismiss a case involving a California church’s use of a plant-based, psychedelic tea.
The Church of the Celestial Heart sued U.S. Attorney General Merrick Garland and other officials last year after a shipment of ayahuasca, the church’s sacramental tea, was intercepted by law enforcement. Jade Osborne — the intended recipient of the tea and wife of pastor Kai Karrel — was arrested in 2021 by Tulare County authorities and criminally charged, though no formal accusations have followed.
Osborne, the church and others argue in their suit filed in April 2023 that the government has forced them to choose between following the tenets of their religion or foregoing their beliefs over threats of civil or criminal penalties.
“Ayahuasca is an essential sacrament for Karrel, without which he cannot practice his religion or provide services to the church’s members,” the church writes in its suit. “Despite these threats, Karrel intends to continue possessing and using the church’s sacrament — ayahuasca.”
Sean T. McAllister, a Denver attorney representing the church, declined to comment.
The church is seeking preliminary and permanent injunctions stopping Garland from prosecuting church members for using their sacramental tea, as well as attorney’s fees, among other forms of relief.
Garland filed a motion to dismiss the suit, arguing lack of standing and failure to state a claim. Alternatively, Garland argues the case should be stayed until the church applies for a religious exemption to the Controlled Substances Act.
U.S. Magistrate Judge Stanley A. Boone disagreed with Garland on all counts.
"The court finds plaintiffs have sufficiently alleged a genuine threat of imminent prosecution … and this supports the conclusion that plaintiffs have demonstrated standing,” the judge states.
Church members have said they intend to continue importing, possessing and using the tea, as the church can’t function properly without it. Its members continue to use the tea in ceremonies, despite the threat of legal action against them, Boone writes.
“Here, Celestial Heart alleges it has suffered both financial and spiritual loss having its sacrament confiscated and destroyed,” Boone wrote. “That it is substantially burdened by being forced to choose between following the tenets of its religion or being coerced to act contrary to its religious beliefs by the threat of civil or criminal sanctions; and that it intends to continue importing, possessing, and using its sacrament, for without its sacrament, the Church cannot provide essential services.”
Garland also argues that the church has no standing to file suit because the 2021 seizure of the ayahuasca isn’t an injury that can be traced to the federal officials listed as defendants.
The Department of Homeland Security seized the tea, but it was a Tulare County sheriff’s official who investigated and arrested Osborne. Church members state they believe their sacrament has since been destroyed.
Boone determined that regardless of the tea’s destruction, the threat of future enforcement against church members can be traced to the federal officials named in the suit.
The judge also dismissed the argument that he should stay the case, giving the federal Drug Enforcement Agency a chance to examine the church’s claims.
Garland in his motion states that it would balance the agency’s desire to make a proper record and maintain an independent administrative system with the church’s interest in gaining redress.
However, Boone said in his order that he agreed with the church’s argument, in that if any government agency had the power to regulate religion without authorization, chaos would follow.
Boone also noted that the church could be restricted in its ceremonies if it asked for an exemption, as no one asking for an exemption to the Controlled Substances Act can violate the act.
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