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Understanding Entheogenic Church Law: Insights from a Psychedelics Expert
- George Lake
- Apr 24
- 6 min read
Updated: May 30
Journey into Entheogenic Church Law
Over the last five years, my legal practice has focused on assisting clients in forming entheogenic churches. I have litigated (pro bono) on behalf of various minority entheogen-based practitioners in state and federal courts across the country. Additionally, I have authored numerous publications on entheogenic church law and a book on psychedelic research. Recently, I provided expert testimony in a jury trial in Texas, which led to the nullification of a charge related to dimethyltryptamine possession and manufacture.
If everything unfolds as expected, my co-counsel and I may secure the dismissal of the first federal indictment involving criminal charges related to ayahuasca. This could set a significant precedent in the field.
The Evolution of My Legal Practice
Since first reading U.S. v. Meyers in 2020, my interests have predominantly focused on defining religion under the law. This niche specialty has guided my work on various entheogenic church projects until the present day. Throughout this journey, I have retained one invaluable asset: my Statement of Beliefs form.
As I engaged with clients, conducted research, and refined my Statement of Beliefs, I mapped the modern entheogenic church movement's progression. This document captures its essence in a comprehensive yet concise format. A researcher at Harvard Divinity School has even commended its wording and structure. My commitment to this work grows daily. The confusion surrounding the legal definition of religion remains a significant motivating factor for my endeavors as an educator.
A Commitment to Ongoing Research and Publication
I've authored three self-published books on entheogenic church law. My first book examined psilocybin research in 2020. The subsequent volumes delve deeper into entheogenic church law, including a comprehensive 325-page treatise that explores the legal definition of religion. These works have received accolades, with a third of my colleague, religious scholar Dr. Brad Stoddard’s, groundbreaking textbook, “The Production of Entheogenic Communities in the United States,” published by Cambridge Press last year.
Included at the end of this article is a copy of my CV showcasing my credentials. I share my accolades not to boast but to assure readers that I have thoroughly researched the subjects addressed herein. Indeed, my studies affirm that I have done my homework on defining religion under the law.
The Legal Landscape for Entheogenic Practices
While many individuals are puzzled about how courts define religion, there is a consensus on one point: the use of scheduled psychedelics must occur within a sincere religious practice to be protected under free exercise laws. Furthermore, entheogen-based practitioners must avoid actions that create a “compelling governmental” interest for enforcing the Controlled Substances Act against them. This is typically achieved by challenging the government’s experts on health and safety issues.
The scientific and medical communities continue to validate the health and safety of many commonly used sacraments. However, discussions surrounding the merits of religious claims tied to the sacramental consumption of entheogens remain rare. The government often turns to the sincerity of religious beliefs as a point of contention. Notably, the UDV and Santo Daime cases did not contest the religious status of either church’s practices, prompting my understanding of this critical issue's role in our community's success.
Overall, my Statement of Beliefs form was developed using the parameters outlined in Meyers. Before delving into those parameters, let’s examine why I chose Meyers, a Wyoming district court opinion, as the foundation for my form.
The Significance of the Meyers Test
The Meyers test comprises five comprehensive elements to help determine whether a belief system qualifies as a religion under the First Amendment and the Religious Freedom Restoration Act (RFRA):
Ultimate Ideas – Religious beliefs address fundamental questions about life, purpose, and death.
Metaphysical Beliefs – Such beliefs often speak to a reality transcending the physical world.
Moral or Ethical System – Religions usually prescribe ethical guidelines for living.
Comprehensiveness of Beliefs – They form an overarching system responding to significant human concerns.
Accoutrements of Religion – A range of external signs like founders, important writings, and ceremonies.
In my form, I include example language covering each of these factors in relation to entheogens. As the court in Meyers indicates, none of these factors alone are definitive in determining religion. Nevertheless, ensuring that all elements met by your church’s practices are documented in your Statement of Beliefs is essential.
Moreover, maintaining a corporate record of beliefs does not magically secure free exercise rights but offers a straightforward way to present evidence in court. A well-documented Statement of Beliefs can make a significant difference in legal recognition.
Annual Review and Documentation
Claiming religious entitlement is one aspect, but proving it is another. A church must provide witnesses to validate its religious beliefs. It’s advisable that these matters are reviewed annually by the church’s board and recorded in corporate records. While judicial understanding of religion may vary, clear documentation helps courts make favorable decisions.
In one notable case, Africa v. Commonwealth, the U.S. Third Circuit Court of Appeals expressed skepticism regarding religions without written materials. Therefore, presenting clear, concise documents makes it easier for trial courts to assess a case. This clarity could determine whether a court recognizes your faith or if your case needs to proceed to appeal.
A comprehensive set of belief statements, adopted by the church’s board, enhances the likelihood of a favorable ruling. These statements should be easily admissible under the business records exception to the hearsay rule, provided the church’s secretary can authenticate their creation and existence.
Closing Thoughts: The Importance of Clarity in Beliefs
In conclusion, defining religion under the law is a complex issue, even for legal experts. Due to the scarcity of knowledgeable sources, entheogenic churches should prioritize maintaining a clear, concise, and well-documented Statement of Beliefs. I offer a form on my firm's website www.entheoesq.com that represents the culmination of many entheogenic church projects and my academic work in these areas.
For those interested in delving deeper into this subject, please feel free to reach out through our website to request a consultation.
Much Love!!!!
George “Greg” Lake, Esq.
CURRICULUM VITAE OF GEORGE G. LAKE, ESQ.
Educational Experience & Licensures
Graduated from Marshall High School (Marshall, Texas) in spring 2004.
Graduated from the University of Texas at Tyler with a bachelor’s degree in political science, spring 2008.
Archer Fellowship participant (fall semester 2006, Washington D.C.).
Internship (full-time) with One America Political Action Committee during fall 2006 (Washington D.C.).
Graduated from Oklahoma City University School of Law with Juris Doctorate in summer 2011 (Oklahoma City, OK).
Licensed to practice law in the State of Texas as of June 2012; currently in good standing.
Licensed in Louisiana (currently suspended for lack of CLE requirements) in 2021.
Licensed to practice in the Eastern District of Texas in 2022; currently in good standing.
Experience as an Entheogenic Church Consultant (2020-present)
Consulted on and completed the formation of over one hundred (100) entheogen-based religious organizations.
Published the following books:
- Psychedelics in Mental Health Series: Psilocybin, available on Amazon (2020).
- The Law of Entheogenic Churches in the United States (2021, peer-reviewed in Cambridge Press).
- The Law of Entheogenic Churches in the United States (Vol. II): The Definition of Religion under the First Amendment (2022, peer-reviewed in Cambridge Press).
Published a DEA Master Memorandum at the request of the First Circuit U.S. Attorney’s Office.
Speaker and panel participant in over 10 national and global psychedelic science and spirituality conferences.
Served as a resource for research on the novel entheogenic religious movement at Harvard Divinity School.
Regularly consult with experts on entheogenic church law across various disciplines.
Taught CLE courses on entheogenic church law to lawyers in Oregon, California, and Washington State.
Engage in discussions with various interest groups in the burgeoning Psychedelic Renaissance.
Litigation Experience
Assisted Kamentsa Inga Church in asserting claims against the federal government under the RFRA for sacrament seizures.
Co-counsel in prosecutions against two Ayahuasca-based practitioners in North Carolina who received shipments of their sacrament.
Worked on a federal civil rights case concerning an African-American Ayahuasca practitioner arrested for possession.
Co-counsel in civil litigation concerning a sacred psilocybin mushroom church in Detroit facing injunction.
Endnotes
[1] United States v. Meyers, 906 F. Supp. 1494 (D. Wyo. 1995).
[3] Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal, 546 U.S. 418 (2006); Church of Holy Light of Queen v. Mukasey, 615 F. Supp.2d 1210 (D. Or. 2009).
[4] See n.1, supra.
[5] Id.
[6] U.S. v. Meyers, 200 F.3d 715 (10th Cir. 2000).
[7] Africa v. Commonwealth of Pa., 662 F.2d 1025 (3d Cir. 1981).
[8] United States v. Seeger, 380 U.S. 163 (1965); Welsh v. United States, 398 U.S. 333 (1970).
[9] George G. Lake Esq., Psychedelics in Mental Health Series: Psilocybin (Independently published 2020).
[10] Africa v. Commonwealth of Pa., 662 F.2d 1025 (3d Cir. 1981).
[11] Federal Rule of Evidence 803(6).
[12] Federal Rules of Evidence 902(11) or (12).
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