In the United States, the convergence of religious freedom and the prohibition of controlled substances is legally complex, increasing, and evolving. As interest in psychedelic religious practices expands, legal protection of religious exercise pursuant to the First Amendment and the Religious Freedom Restoration Act (RFRA) enables certain religious communities to use controlled substances in rituals through exemptions from the Controlled Substances Act (CSA). RFRA was enacted in response to a Supreme Court case that failed to safeguard sacramental drug use as a legitimate religious exercise and requires application of stricter analysis of federal government activities that infringe religious freedom. Key to this protection is defining what constitutes a legitimate religious belief when it involves illegal substances. By analyzing court precedents, this essay explores how the legal definition of religion has preferred Judeo-Christian concepts and determined, with a bias, that psychedelic religious practices are not recognizable enough as religious. It argues that the evolving nature of society and religious practice necessitates a reevaluation of legal standards to ensure that the legal right to religious exercise, as applied and intended, protects the minority and remains consistent with modern expressions of faith and ritual.
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