DEA Compliance and Legal Standing

Spirit of The Vine.

Ancestral Traditions

Legal Status as a Religious Nonprofit

Ayahuasca Community Fellowship (ACF) is legally established as a religious nonprofit church. ACF operates under Section 508(c)(1)(A) of the U.S. Internal Revenue Code, which recognizes churches as tax-exempt organizations by virtue of their status​. This designation affirms that ACF is a bona fide church in good standing, with the same rights, protections, and autonomy granted to any faith-based organization under U.S. law. All of ACF’s organizational documents and operations reflect its religious mission, underscoring its recognition as a legitimate religious entity.

Religious Freedom and RFRA Protections

ACF conducts its ceremonies and sacramental practices under the protection of the Religious Freedom Restoration Act (RFRA) of 1993. RFRA is a federal law that prohibits the government from substantially burdening a sincere religious practice unless there is a compelling governmental interest pursued in the least restrictive way. ACF’s use of Ayahuasca – a sacred tea central to its worship – is a sincere exercise of religion and is therefore shielded by RFRA’s robust protections​. In practical terms, this means the government must meet a very high legal standard before interfering with ACF’s religious ceremonies. This principle has been upheld in U.S. courts: in Gonzales v. O Centro (2006), the Supreme Court unanimously ruled that a church’s sacramental use of Ayahuasca is protected by RFRA, as the government had not shown a compelling interest to ban that sincere practice​. Guided by such precedents, ACF ensures its worship activities honor both its spiritual beliefs and the legal framework that safeguards religious freedom.

Exemption from the Controlled Substances Act

Ayahuasca contains dimethyltryptamine (DMT), a substance classified in Schedule I of the federal Controlled Substances Act (CSA). ACF is meticulous in ensuring that its use of Ayahuasca remains strictly religious and sacramental, which brings it under the exemptions afforded by RFRA and related legal precedents​. Federal law and policy recognize that certain controlled substances may be used lawfully in bona fide religious rites. For example, the Native American Church has a longstanding exemption for peyote use in ceremonies, and U.S. courts have likewise granted legal protection to churches using Ayahuasca as a sacrament​. In line with these established exceptions, ACF’s ceremonial use of Ayahuasca is exempt from CSA prohibitions as a matter of religious freedom. ACF does not engage in any distribution or use of Ayahuasca outside its sacred ceremonies, nor does it condone any recreational or commercial use of the sacrament. Furthermore, ACF stands ready to cooperate with the DEA and follow any required procedures to affirm this exemption – including the petition process outlined in the DEA’s 2009 interim guidance for religious use – thereby demonstrating full compliance and transparency in its handling of sacred medicines​.

Strict Safety and Compliance Measures

ACF upholds rigorous protocols to ensure that its sacramental use of Ayahuasca is safe, controlled, and in full compliance with the law. These measures are designed to protect participants and prevent any misuse of the sacrament, reflecting ACF’s commitment to responsible practice:

• Sacrament-Only Usage: Ayahuasca is used solely as a religious sacrament within ACF’s authorized ceremonies. It is never used for recreational purposes or commercial gain​.All Ayahuasca ceremonies are rooted in genuine spiritual intent, reinforcing that the context of use is strictly religious.
• Secure Handling and No Diversion: ACF maintains strict control over its sacramental materials. The Ayahuasca brew is stored securely and handled only by designated church officials. It is administered only during official ceremonies by authorized facilitators, and never distributed outside the church’s religious context​.Participants are not permitted to remove any portion of the sacrament from the premises, preventing diversion into non-religious channels.
• Participant Screening and Consent: For each ceremony, ACF conducts thorough health and safety screening of participants. All members must complete medical questionnaires and disclosures to screen for any contraindicated health conditions or medications before partaking​In addition, individuals receive a full briefing on the effects and risks and then provide informed consent (usually by signing a consent and membership form) before participating. Only adults who willingly join the fellowship and understand the process are allowed to partake. (Minors are strictly not allowed; participants must be 21 or older to attend ACF’s Ayahuasca ceremonies​).
• Qualified Supervision: Every ceremony is conducted by experienced, qualified facilitators who are trained in traditional ayahuasca practices and safety procedures. Sober support staff are always on site to monitor the well-being of participants and to respond to any needs or emergencies. At least one team member present is certified in first aid/CPR, and emergency protocols (including access to medical services) are in place​.This professional supervision ensures the sacrament is used in a safe, controlled environment at all times.
• No Unlawful Substances or Activities: ACF enforces a zero-tolerance policy for any illegal drugs or unauthorized substances apart from its sanctioned sacrament. No alcohol or non-sacramental intoxicants are allowed at or around the ceremony space.​ The church complies with all other applicable laws and regulations – from property permits and fire safety codes to general health and sanitation standards. By strictly observing civil laws in every aspect of its operations, ACF underscores that its spiritual work is conducted with the utmost respect for public law and safety​.

Commitment to Ethical and Transparent Practice

ACF is deeply committed to ethical conduct and transparency in all of its practices. As a faith-based organization serving both its congregation and the wider community, ACF understands the importance of maintaining trust and demonstrating accountability. The church’s leadership continually affirms that spiritual integrity and public safety go hand in hand. To this end, ACF maintains open communication with authorities and remains willing to engage in dialogue or reviews that affirm its compliance. If ever required, ACF will provide information to law enforcement or immigration officials to clarify its legal status and the nature of its ceremonies, fully cooperating in the interest of transparency. ACF has also expressed willingness to undergo or initiate formal processes (such as petitioning for a DEA exemption or notifying authorities of its activities) to ensure mutual understanding and adherence to the law​. Furthermore, the fellowship commits to financial and organizational transparency consistent with its nonprofit religious status – even though churches are not required to file the same reports as other nonprofits, ACF upholds voluntary accountability to reinforce its good faith. Overall, ACF strives to set a positive example of how an entheogenic church can operate responsibly, lawfully, and respectfully within society​.

The goal is to protect the sacred nature of its practice while honoring the legal frameworks that allow it to flourish, thereby fostering an environment of trust and safety for all.

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