Chacruna’s Council for the Protection of Sacred Plants feels it’s important to alert the community that arrests associated with seizures by Homeland Security’s Customs and Border Protections (CBP) have increased in frequency recently.
There have been over 200 seizures of ayahuasca and other plant medicines shipped into the US from other countries in the last year or so.
There have been over 200 seizures of ayahuasca and other plant medicines shipped into the US from other countries in the last year or so. When seizures have occurred in the past anecdotal evidence suggests that most people got a notice in their empty package and then no further action took place . A smaller number of people received visits or calls from CBP without any further contact or arrest.
Others have been arrested. The frequency of these arrests seems to be increasing. So far, we can’t discern any pattern about who gets a note, a call or is visited or arrested.
I’m going to give examples of some of the recent arrests and visits by law enforcement that we know about to illustrate a range of issues that concern us. I will leave out key details, including the gender of those involved and the states where they have occurred, to protect confidentiality. Please note that these events have occurred across the US.
There was an incident in which local law enforcement, at the behest of CBP, delivered a package containing ayahuasca, then arrested the person receiving it. When searching the home, they also found another sacred plant medicine. The ayahuasca that was seized was associated with a church. The other plant medicine was for personal (though still religious) use. This person has pending charges for this other plant medicine, yet no charges for the ayahuasca have been filed. This incident underscores the need to have authentic and clear protocols for handling and justifying the religious use of all plant medicines.
Join us for our next conference!
In another incident, CBP agents made a visit to a church location and questioned the leader after seizing a package containing ayahuasca being sent to them. They did not have an arrest or search warrant. The person was open about their religious practice. CBP took no further action.
Another person was sent a relatively small amount of plant matter to brew ayahuasca. CBP agents came to their home and searched it, seizing devices and notebooks, and making threatening remarks about the possibility of a future arrest. Lawyers are attempting to resolve this case.
There was another incident in which CBP and state law enforcement officers raided a location after seizing a shipment of ayahuasca. The person in question was not there and no plant medicine was found at the site. Yet, law enforcement in a state 1000 miles away then questioned the facilitator of a different church where the person of interest had been scheduled to lead a ceremony. They took no action against this facilitator.
It appears that, in this case, the officers had serious concerns about the person they were seeking for additional reasons unrelated to the plant medicine seized. Nonetheless, this event indicates how others can be swept up into law enforcement concerns they have no part in or knowledge of. It’s important to know the background of ceremonial leaders you are associating with.
In another incident, CBP agents made a visit to a church location after a seizure. They questioned the facilitator who was open about his religious practice. They took no further action.
Villanueva intended to travel to Peru for his religious practice and to support the healing of his stage-3 lymphatic cancer. However, when he attempted to board the plane, he was detained and then jailed.
There has been some ongoing publicity about the case of Clay Villanueva. He was arrested in 2020 for possession of ayahuasca and other allegations of illegal activities were made. After a year during which no indictment was handed down, it appeared that there would be no further action. Villanueva intended to travel to Peru for his religious practice and to support the healing of his stage-3 lymphatic cancer. However, when he attempted to board the plane, he was detained and then jailed. Unbeknownst to him and his lawyer, a warrant for his arrest had been issued.
We are circumspect concerning claims that this chain of events began when the DEA allegedly engaged in retaliatory steps for his role in a lawsuit related to ayahuasca. Yet, we believe the arrest at the airport and its aftermath is a profound miscarriage of justice. You can support Clay here. He is still attempting to make bail and is presently hospitalized.
There was another incident in which Wachuma/San Pedro powder was seized. CBP and local law enforcement raided the church location and found considerable amounts of other plant medicines, as well as a small amount of a synthetic substance. This case is slowly moving through the courts.
What some law enforcement may characterize as a distribution network for plant medicine is often simply a number of churches who have a similar religious lineage supporting one another in being able to conduct their ceremonies.
In another case, a foreign national with legal immigration status was arrested after a seizure. The CBP agents raised questions about other people in a “distribution network.” What some law enforcement may characterize as a distribution network for plant medicine is often simply a number of churches who have a similar religious lineage supporting one another in being able to conduct their ceremonies.
It’s important that a when a network of churches supports each other in accessing their sacred plants that there be clear agreements and security protocols for the handling of the plant medicine. Such agreements and protocols will help ensure the spiritual integrity of the group and enable them to defend their practices if it they are called into question.
There was an incident in which there was a seizure and the home of the person the package was shipped to was searched. The church this person was associated with continued to publicly offer ceremonies after this incident. This led to a local undercover agent attending a service and the ceremony leader getting arrested hours after the ceremony ended.
This incident illustrates the possible consequences for churches and congregations that publicly announce and promote their ceremonies online. It makes it easier to be targeted by law enforcement. It also creates a digital record over time that can be accessed and saved for use in future legal charges or analysis.
If a church decides to seek an exemption through negotiation or litigation, their website will be scrutinized. One may be engaged in a legitimate and sincere religious practice; however, it may undermine the analysis of religious sincerity if any public information, such as a website, emphasizes the therapeutic and medical uses of psychoactive plants over and above the religious use. Web pages may be structured in such a way that endeavor appears to be a “pay-as-you-go” workshop/retreat business, rather than an ongoing religious congregation. This may work against the ability to demonstrate a sincere religious practice with the use of plant medicines.
Nevertheless, it’s possible that more seizures and more arrests may create a growing interest about the use and distribution of plant medicines by various branches of law enforcement.
These recent arrests do not appear to be coordinated or part of some “master plan.” They all seem related to the ongoing seizures by CBP that were catalyzed during COVID. The DEA, for the most part, does not seem to be involved with them. More often than not, local law enforcement gets involved and the charges are mostly state, not federal. Nevertheless, it’s possible that more seizures and more arrests may create a growing interest about the use and distribution of plant medicines by various branches of law enforcement.
Discover the Indigenous Reciprocity Initiative of the Americas
Many of us are committed to the spiritual illumination and healing power that the sincere religious use of plant medicines allows. We need to be cognizant of the many complex social, cultural, and legal dynamics involved with our use, and how the broader community may be affected by the manner in which we conduct our affairs.
Some may believe that their use of sacred plants is a right that they can easily claim if they get entangled with law enforcement. In fact, it’s a complex legal matter that requires a great deal of care, attention and money; especially, if one is arrested or wishes to litigate for their freedom.
The road there can be harder than it might initially appear. I gave spiritual counseling to a woman who was under highly restricted house arrest for four months. She was a pure soul who didn’t charge for ceremonies, meditated and prayed four hours a day, and conducted her affairs with the upmost integrity. Her arrest upended her life for months. Eventually, she and her lawyer negotiated a deferred prosecution and, after a year, her charges were erased.
Going through this experience was far more emotionally, spiritually, and financially challenging than she, and most people, could have imagined. Ultimately, she was unable to secure the right to use plant medicines because it would have meant fighting the charges and raising at least one hundred thousand dollars or more.
We will soon be publishing a very detailed free guide that outlines the many areas one needs to focus on regarding best practices for health and safety; security and diversion; financial, organizational, and ethical integrity; articulation of sincere beliefs, and so forth.
We trust the community would support the court case of a person who has a well-organized church and was likely to win, but there is a lot involved in getting to that stage. It’s important to research and understand what it takes. Chacruna’s Council for the Protection of Sacred Plants is here to help you do that. We will soon be publishing a very detailed free guide that outlines the many areas one needs to focus on regarding best practices for health and safety; security and diversion; financial, organizational, and ethical integrity; articulation of sincere beliefs, and so forth. We look forward to sharing this resource with the community.
Chacruna is also helping to shepherd an emerging organization called the Sacred Plant Alliance. This is an alliance of churches supporting each other in cultivating best practices and the ability to defend, negotiate, and litigate for religious freedom. Its membership will slowly open to others. The structures and templates we are creating will be available for other groups to use to help organize themselves.
In April of 2022, Chacruna will be putting on a special conference, Religion and Psychedelics. It will cover a broad sweep of issues, including legal ones.
The Council for the Protection of Sacred Plants can help you with various issues and refer you to experienced lawyers when needed for organizational and other legal matters. We also encourage anyone who has been the subject of seizures, arrests, or visits to inform us. This will help in our continuing efforts to discern patterns and dynamics connected with these matters. Please feel free to contact us at: [email protected]
Take a minute to browse our stock:
Did you enjoy reading this article?
Please support Chacruna's work by donating to us. We are an independent organization and we offer free education and advocacy for psychedelic plant medicines. We are a team of dedicated volunteers!
Can you help Chacruna advance cultural understanding around these substances?
Become a Chacruna Member
To make a direct donation click the button below:
