Hoasca is a hallucinogenic concoction of potent psychoactive plants that are indigenous to the Amazon basin of South America It has been known under a variety of names, including ayahuasca, caapi, yagé, mihi, dapa, natema, pinde, daime, and vegetal. Hoasca is the Portuguese transliteration for ayahuasca and is the accepted term utilized throughout Brazil. Prior to the European conquest, domination, and acculturation of South America, beginning in the 16th century, hoasca was widely used by the native peoples for purposes of magic and religious ritual, divination, sorcery, and the treatment of disease (Dobkin de Rios, 1972). In spite of prolonged and savage attempts by the European conquerors to repress and eradicate native culture and belief systems (Taussig, 1986), sacramental and medicinal use of hoasca remained extant.

Government’s Case AGAINST Hoasca

* DMT is an unsafe drug and has a high potential for abuse. The drug has actions similar to LSD and can cause psychosis, hallucinations and heart problems.
* The importation of DMT-containing tea will harm efforts to halt drug abuse. The government must protect the public from harm caused by drugs.
* Hoasca may be used for non-religious purposes.
* Because hoasca contains DMT (a Schedule I drug), it is illegal and its importation violates international law.

UDV Response to Government’s Case

* Banning hoasca tea violates the Religious Freedom Restoration Act because it prevents people from practicing their religion.
* Although hoasca contains DMT, exceptions of Schedule I drugs for religious use have been made in the past. For example, congress changed federal law to allow Native American tribes to use peyote in religious ceremonies.
* The amount of DMT in hoasca does not cause UDV members to hallucinate.
* Hoasca rarely causes health problems to UDV members. A seven-year study of UDV members in Brazil showed that of approximately 325,000 uses of hoasca, there were only nine minor health problems reported.
* There are no documented cases where hoasca has been used for non-religious purposes in the US.
* The importation of hoasca does not violate some international laws (e.g., the 1971 United Nations Convention on Psychotropic Substances) because hoasca is not mentioned specifically.