I've been contemplating this for a while now, but could one who uses entheogens (such as myself), and claims it to be their 'religion' avoide prosecution of a drug charge? If not, could you explain to me why? Religion seems to be the most solid basis one could make such a claim with, as the government doesn't like to interfere with peoples religious freedom, because things can get nasty. Thanks
Yes, União do Vegetal, and Santo Daime, are two religions/churchs that have legally fought and won the right to use Ayahuasca (DMT) in religous purposes. Other cases, like Native American churches winning the ability to practice with peyote, "peyoteism", exist too. So as an individual, it would be one hell of a court fight and I honestly think you'd lose. The govt. just blows like that. If you found your way into being accepted into a legally established religious body that is permitted to use entheogens then....
If you're looking to take entheogenic substances just to get high, then by all means go for it. Don't pay attention to the law, just keep doing what you're doing... You have no idea how hard it's been for legitimate organizations such as the UDV and Native American churches who use yage and peyote (respectively), in light of people who just want to get really high and abuse the system. The government is so strict about this type of thing because it wants to squash the efforts of certain individuals who want to bypass the Controlled Substances Act on a flimsy argument of religious belief. There are many people who have fought extremely hard to keep their legitimate religious beliefs from being unfairly discriminated against, so don't go out looking for a loophole in the law just so that you can legally take some psychedelics. If you're serious, perhaps your first step is to join one of these churches and experience what sacred psychedelics are in their religious, indigenous context? Also, if you are interested in reading more, I suggest you pick up the book Visionary Plant Consciousness, it's a damn good read.