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CHURCH OF THE HOLY LIGHT OF THE QUEEN v. MUKASEY

No. CV 08-3095-PA.

615 F.Supp.2d 1210 (2009)

CHURCH OF THE HOLY LIGHT OF THE QUEEN, et al., Plaintiffs, v. Michael B. MUKASEY, et al., Defendants.

United States District Court, D. Oregon.

March 18, 2009.

Attorney(s) appearing for the Case

Gilbert Paul Carrasco, Willamette University College of Law, Salem, OR, Roy S. Haber, Roy S. Haber, P.C., Eugene, OR, Don Hall Marmaduke, Tonkon Torp LLP, Portland, OR, Jack Silver, Law Office of Jack Silver, Santa Rosa, CA, for Plaintiffs.

Eric Joseph Beane, Julie Straus, Brigham J. Bowen, Lily S. Farel, U.S. Department of Justice, Washington, DC, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PANNER, District Judge.

The issue is whether plaintiffs, who are followers of the Brazilian Santo Daime religion, are entitled to an exemption from the Controlled Substances Act to import and drink their sacrament, Daime tea. Because Daime tea contains the hallucinogen DMT, which is a Schedule I controlled substance, the federal government contends that it may prohibit plaintiffs' possession and use of Daime tea regardless...

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