Dateline: June 18, 2023:
In the June 1, 2023, episode of The New Amsterdam Psychedelic Law Show I spoke with attorney Jon Dennis about his proposal for an alternative access route to psilocybin under the Oregon Psilocybin Services Act and then more generally about First Amendment Law and the Religious Freedom Restoration Act (RFRA), arriving at the end at the question of how changes in psychedelic law will affect the law of religion generally.I say “will” not “could” because I assume the issue is a “how” not an “if.”
Here are some approximate minute markers for some of the topics:
5:45 the DEA’s test for “sincere religious exercise,” i.e. the Controlled Substances Act meets RFRA
7:00 improving protections for psilocybin use under Oregon Constitutional law
8:20 moving from “religious use” to “community use”(skip the DEA test: avoid the questions are you sincere? is it religious?)
8:42 protect secular community use as much as religious community use
11:40 criteria for social use
22:50 Existing judicial tests for “religion” paradigms of psychedelic “religious” practice
26:41 Jon’s four-footed friend27:40 My four-footed friend
My favorite quote from Jon: 8:06 “…as my thinking evolved over the last two years of really working through these issues – as though it matters and we’re responsible for figuring it out….”
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