This conversation perennially comes up on The Nexus and it's usually folded into this big, rambling thread:
On The Legality of DMT Source Plants (With Discussion Of A Religious Freedom Defense)
https://www.dmt-nexus.me...aspx?g=posts&t=21527To summarize what that extremely long thread says:
"Don't count of religious freedom claims to help you out, especially if you're a lower or middle class white male."
The fact of the matter is, the religious freedom laws in the US (I'm going to tacitly assume that's where you're based) are tinged with racism: for example, for a long time, only people of Native American descent could eat peyote, and in some states, this is still the case: as if race somehow limits your ability to be spiritual.
For you to make a valid claim for religious freedom, you have to prove two basically unprovable things:
1) That you are acting with 'sincere religious intent'
and
2) That prohibition is a substantial burden on your ability to act on the belief.
No. 2 will be no problem, but it is practically impossible to prove No. 1, and any prosecutor would say: "they're just pretending to have belief so they don't go to jail and still get high off their drugz!"
Unless you are actually of Native American descent, I don't think most Americans would buy it. It's a sick state of affairs, but I'm afraid it's the one we have to live with.
Now, if you could argue appeal your inevitable conviction all the way up to the US Supreme Court, I'm not sure what would happen. Depends on how left or right leaning the next couple of justices to pop are.
I have always hoped that someone would get busted for DMT, defend on religious freedom grounds and take it all the way to the SCOTUS, but since I'm certainly not going to do it, it's not right for me to expect anyone else to.
It would be interesting, though.
Blessings
~ND
"There are many paths up the same mountain."