A December 2020 Supreme Court ruling in Tanzin v. Tanvir solidifies the ability for victims of religious persecution from government officials to seek monetary compensation. Writing for Chacruna, Gary Smith says the ruling may be a boon to psychedelic religions.
The unanimous ruling adds to the Religious Freedom Restoration Act (RFRA), which was passed in 1993 and restored the government’s obligation to prove its compelling interest in burdening religious practice. Gary writes that the ruling should see various federal agencies, such as DEA and Customs, being more careful in their evaluation of religious exemption as genuine discrimination places them at financial risk.
One of the leading experts on cannabis and psychedelics law, Gary Smith is frequently called upon to share knowledge with legal organizations, professional associations and the media. He is the author of Psychedelica Lex, a preeminent legal manual on psychedelics. Additionally, Gary serves as general counsel to the nation’s oldest non-Native American peyote church.