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THE ROAD TO DISMISSING THE FIRST FEDERAL AYAHUASCA INDICTMENT: A FULL CIRCLE EXPERIENCE

As I sat on the beach in Treasure Island, Florida today, pondering the nature and depth of the content I was to place into this article, I couldn't help but chuckle to myself when I saw the tide rising and falling ever gently through the waves. How had water, an elemental and basic form of life and existence on this planet, mastered the poetic art of rising and falling, moving about on this planet, so consistently, effortlessly, and gracefully? If I've picked one spiritual truth along my path as an entheogenic church lawyer, it's the belief that water is a physical manifestation of divinity and sanctity. When it moves it speaks, and when it speaks I listen. Today, it came to remind me, this time very clearly, that the tides have changed for me (both within and without; as above as below.



What a long and crazy ride my life has been over the last ten years, where this last meta cycle began (according to my best estimates). Approximately ten years ago, I was the victim of a SEVENTEEN DOLLAR DISPUTE which involved me being taken at gunpoint in front of a crack house (at 3:00 a.m.), stripped naked, hit on the lead with an iron fire poker so hard it split open (wig split as they say on the streets), and would have been left to die had I not refused to give up on myself, when indeed it seemed the whole world had given up. From there, I took the same butcher knife which had been used to cut my clothes off, and proceeded beyond my kidnapper and her boyfriend, out the back door and to my grandparents’ house approximately five blocks away. My kidnapper was an African American female, late middle-aged. For the longest, I felt this woman had taken so much from me (my innocence (yeah right)., my pride, my sense of security, my flight response, etc.).



Yet here I was, against practicing law, (feeling) ten foot tall and bulletproof, in federal court, standing in solidarity with my client, a late middle-aged African American woman. But this time, no gun was required, I have given my complete and total self to this African-American woman and her cause, since the first day we spoke approximately a year before. Was this my only indicator that my life had come full circle....not quite. When I was homeless on the streets, survival required we rid ourselves of the presence of "half-hearts" or people who spoke like they were tough and always "down" to "ride" for their "set," or in Texas, their "clique." Upon reflecting on this notion, I couldn't help but recall certain members of our community who, despite promising to support the cause, had now left me holding the "bag," making it difficult for me and my staff to make it to the court hearing. Now I realized that "half-hearts" are archetypical in nature and from the Third Ward of Houston to Wall Street, they stifle progress and leave only the most dedicated to do all the hard work. While normally such situations (especially in the streets) should be avoided like the plague, in this situation, it’s a huge blessing. Now, more than ever before, it is clear I never needed anyone other than me to pull this off successfully- not to downplay the work of my local counsel, he has been amazing!



As I imagined what holding this "bag" will feel like once the case is resolved favorably, I was inextricably segued, in thought, to a speech given at Stanford Law School by my legal elder (in our trial lawyer's lineage), the late Joe Jamail. In his speech, Jamail makes the point that lawyers, particularly ones who are oriented to do public interest work on a pro-bono basis, tend to build structures much sturdier than stone temples or steel buildings (high rises). To the contrary, much like the drafters of our constitution, we lawyers (if we have the heart) have the capacity to build social, legal, and economic structures which will influence the nature of human relations for perhaps time immemorial. In this instance, defending against the first ever federal indictment related directly to the importation of ayahuasca (against a female minority member of our community), gives us the chance to build precedent which strengthens our legal defense (for entheogen-based religious practices) under RFRA and the First Amendment. While my pyramid-building ancestors waited thousands of years to acquire the Divine knowledge and wisdom to ply their trade, I have devoted the last five years to mine, with copious amounts of prayers and rituals aimed at securing the supplemental (spiritual) knowledge and wisdom required to erect a robust defense for entheogen-based religious practices under federal and state law(s). My altar's pyramid sits on the counsel table in front of me, aligned by angle to true north, I can feel it channeling our ancestors-at the end of the hearing they confirmed the corner stone had been perfectly set.


When I was homeless on the streets, everyone would yell the words "one time" whenever law enforcement entered their area, as it was understood that one time "slipping" in the presence of law enforcement is all that is required to completely wreck one's life in that stressful, polarizing, and hopeless environment.


And as I walked into the courtroom that fateful April day, I reflected upon all of the struggling souls who had walked out of those doors, by the docket load, headed to serve "time" in prison; in the aggregate, perhaps tens of thousands of years- I was imminently reminded that it would only take me making a mistake "one time" to drop and fumble the "ball." The potential consequences almost seemed too much to bear, and I felt as vulnerable as I did back in 2015 on the fateful morning of my kidnapping. These parallels were almost too much to bear upon further reflection. However, relief came upon thinking back about Terence McKenna's "Time Wave Theory," and his insistence that "...things are gonna get weird"- now it all started to make sense!



Through all this, I finally remembered that this journey through life, through entheogenic church law, and through my shared experiences with our community, is all about me coming back to me. I have chosen every day for the last three years to dedicate a significant amount of my legal career to serving the women and minority members of our community through pro bono legal services rendered in state and federal courts across the country. I, like everyone else, am going through my own process and just trying to do my best to find my way home...back to me. I have enjoyed providing educational content and sharing my knowledge and experiences as a pro bono litigator on behalf of entheogen-based religious practitioners. I would encourage those interested to consider joining my Patreon channel or following me on social media if you as well would like to share this journey through the law and back home with me.






THE LEGAL LOWDOWN


Before I describe the procedural (and substantive) aspects of the Codi case, let me first express, on behalf of myself and my client, our deep and unwavering gratitude for the charity of our expert witnesses, religious scholar, Dr. Brad Stoddard of Mc Daniels University, psychedelic researcher and Editor-in-Chief of Psychedelic Medicine, Dr. Peter Hendricks of the University of Alabama-Birmingham, and Ayahuasca guru and front-lines psychedelic advocate, Dr. Leanna Standish of Seattle, Washington.  These individuals, without hesitation, stepped out of their environment and dedicated themselves to assisting me in getting a good result for Mrs. Codi.  Without these distinguished scholars and practitioners, the progress made at the April 14th hearing would not have been possible.  



The April 14th RFRA evidentiary hearing occurred in front of retired Judge David Proctor in the Hugo Black Federal Courthouse in downtown Birmingham, Alabama.  It was held in response to defendant, Harmel Codi’s Motion to Dismiss the Indictment pursuant to the federal Religious Freedom and Restoration Act and Selective Prosecution.  According to Mrs. Codi, the government’s attempt to prosecute her for her alleged attempt to possess and distribute over two (2) kilograms of DMT (ayahuasca paste), substantially burdens her “exercise of religion” under the statute and therefore should be dismissed.  In response, the government alleges that Mrs. Codi’s ayahuasca-based religious practices implicate a compelling governmental interest in preventing diversion to illicit non-religious uses.



I officially entered the Codi litigation (pro bono) on July 5, 2024, although Mrs. Codi had reached out to me as early as April of last year inquiring about my help.  After a perfunctory investigation, I decided to enter the case, pro hac vice, and on a pro bono basis, on behalf of her and with the assistance of local counsel, Mr. Jason Wollitz.  Upon entry, I immediately went to work.



First, I took all the discovery materials then available and sent them to my experts across the country.  Dr. Brad Stoddard, professor of religion at McDaniels University, agreed to give me a favorable report regarding the religiosity and sincerity of Mrs. Codi’s ayahuasca-based religious beliefs (and resulting practices).  I also sent materials to Dr. Leanna Standish, the nation’s top ayahuasca medical expert, to opine about the health and safety implications (if any) of Mrs. Codi’s ayahuasca-based religious practices.  Finally, I decided to also retain Dr. Peter Hendricks, a psychedelic researcher from the University of Alabama Birmingham (a local expert) and editor-and-chief of Psychedelic Medicine, to opine on the both the health and safety and sincerity aspects of Mrs. Codi’s defense.



From approximately August until late November 2024, I worked on furthering my research and investigation into Mrs. Codi’s defense, while waiting for our expert reports to roll in.  During this time, co-counsel and I sought and received several agreed continuances from the Court.  By the time expert reports were gathered and reviewed, it was mid-December and the holidays prevented any further movement on the case at that time.  I spent the holidays etching out an outline for our RFRA motion to dismiss and claims of selective prosecution and enforcement.



On January 4, 2025, I sent an eleven-page letter and seventy-page legal memorandum to the U.S. Attorney for the Northern District of Alabama outlining the findings of our experts and the implications thereof on the government’s ability to controvert Mrs. Codi’s religiosity, sincerity, and/or their ability to demonstrate a “compelling governmental interest” in imposing criminal sanctions against Mrs. Codi for violating the Controlled Substances Act.  Additionally, I outlined the potential ramifications of a full trial on a hypothetical civil action after resolving the criminal litigation.  Shortly thereafter, Judge David Proctor ordered the U.S. Attorney and counsel for Mrs. Codi meet and discuss propriety of dismissing the indictment and if so, on what grounds.



This meeting was not fruitful in trying to immediately resolve the case and instead resulted in the parties agreeing to reduce the controversy into a written motion(s) and allowing the Court to make the call.  Within a week, we filed our present motion to dismiss the indictment, and the government responded, after a reasonable continuance, arguing they were entitled to an evidentiary hearing on the matter.  In her reply brief, Mrs. Codi sharply disagreed with the notion of an evidentiary hearing because the government had failed to offer any additional evidence or expert testimony, which was required to meet their burden under RFRA.  



Judge later ordered an evidentiary hearing be held on the morning of April 14, 2025.  At the hearing, the necessary facts were presumed, for purposes of bringing the matter within the purview of the statute (for purposes of the hearing) 42 U.S.C. §§ 2000bb et seq., and the parties made their respective proffers on all major points, which ended as follows:



  • We were able to get the government to concede that Mrs. Codi’s ayahuasca-based beliefs (and resulting practices) are both sincere and religious, even as it relates to her distributing ayahuasca to ceremonial participants;


  • The government conceded (raised no argument) that Mrs. Codi’s ayahuasca based religious practices implicated any “compelling governmental interest” in protecting the health and safety of those who choose to partake in her sacred ceremonies; 


  • The government has not made any allegations as to whether their attempted enforcement of the Controlled Substances Act constitutes the least restrictive means of furthering a “compelling governmental interest.”


Based upon the foregoing, the Court and the parties narrowed the issues on Mrs. Codi’s RFRA defense down to one: whether a ceremonial participant consuming ayahuasca in a strictly religious/ritualistic context constitute a meaningful instance of diversion under the RFRA statute (in an entheogen-based free exercise case) if said individuals might harbor intentions that are not religious in nature.  Because this issue lingers, the Court and the parties have agreed to continue the hearing until no later than May 16, 2025.



In the interim, the Court has ordered the parties meet and try to further refine and make proffers regarding the remaining issue(s).  We plan to work diligently with local counsel to further refine our case and present winning arguments and evidence in our briefs and at the May evidentiary hearing.  Please keep us in your thoughts and prayers as we move towards a swift and favorable resolution of Mrs. Codi’s case. 

I AM

Much Love!!!!

/s/ George G. Lake, Esq.

George G. Lake, Esq.

Principal, Law Office of George G. Lake, PLLC

Principal, EntheoEsq, LLC

    



 
 
 

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