PsiloVibe Legal Disclaimer
As PsiloVibe Church and its members engage in sincere religious practices involving the Sacrament, we view these activities as protected religious practices secured by state and federal law, including, but not limited to, the federal Religious Freedom Restoration Act (RFRA) and your own state’s religious freedom provisions of its state Constitution. Colorado state law, where our Church is based, also provides certain legal protections related to the provision of natural medicines, such as a Sacrament, for purposes of spiritual guidance.
Members assume the responsibility of understanding their own state’s religious protection laws while embracing religious participation with devout reverence and humility. The Church bears no legal liability and cannot provide legal advice on whether your state law provides any religious defenses to the possession or use of our Sacrament.
By tapping the I Accept button, the user agrees to these terms and acknowledges that they are at least 21 years of age.
Legal Context & Case Studies
The Religious Freedom Restoration Act (RFRA), signed into law in 1993, provides critical legal protection for religious groups, ensuring that their sincere religious practices are not unduly burdened by government restrictions. This law has been pivotal in protecting the use of plant medicines for spiritual purposes.
One landmark case that highlighted RFRA’s application is Gonzales v. O Centro Espirita Beneficente União do Vegetal (UDV), where the Supreme Court upheld the use of ayahuasca by a religious group, ruling that under RFRA, the federal government could not prevent the group’s religious use of the substance, even though it was banned under the Controlled Substances Act. This decision set a legal precedent that other entheogenic religious practices, such as PsiloVibe’s use of psilocybin mushrooms, can be protected under RFRA as long as the religious practice is sincere and poses no substantial harm to public safety.
The Church of the Eagle and the Condor (CEC) further reinforced these protections when it won a settlement with the DEA in 2024, allowing the church to import and use ayahuasca as part of its religious practices under RFRA. This was the first time in history that a non-Christian church was granted such protections without going to trial. Our Church is represented by the same attorney who successfully argued the CEC case and co-authored Colorado’s Proposition 122, which decriminalized the possession, cultivation, and sharing of psilocybin mushrooms in the state.
Prop 122 recognizes the importance of plant-based medicines in spiritual and healing practices, including for religious communities like PsiloVibe, offering further legal support for our use of psilocybin as a sacrament. This legislative achievement aligns with the broader movement toward acknowledging indigenous and plant medicine-based spiritual practices across the U.S.
Religious Freedom & Legal Responsibility
Using the Sacrament as part of our Church’s sincere religious beliefs is entirely legal under federal law. The Religious Freedom Restoration Act protects our practices, and many states also honor RFRA within their constitutions. However, a few states may not fully honor RFRA, and it is the individual’s responsibility to check their own state’s constitution to verify whether RFRA applies in their jurisdiction. PsiloVibe cannot be held responsible for members who engage in religious practices in states that do not uphold RFRA.
Membership Details
Our Church is open to all adults interested in joining our congregation. Membership is non-exclusive and requested by expressing interest, such as joining our Facebook group, making a donation, or any other form of expressed intent. Membership is immediately granted upon expressed interest, with members enjoying legal protections under the Religious Freedom Restoration Act (RFRA). All members must agree that they either align with our doctrine or are interested in exploring whether this spiritual practice is right for them.
By making a donation toward the Ceremony & Rituals Guides, which includes the Sacrament as a free gift, or joining our Mush Love Social group, individuals are automatically granted full membership in the Church. As bona fide Church members, they are afforded the legal right to use our Sacrament (psilocybin mushrooms), as protected under the Religious Freedom Restoration Act (RFRA). Expressed intent through various actions, though not limited to those listed, results in instant membership.
For more information on our beliefs, visit our Statement of Faith Page.
For any inquiries, please contact us at ministry@psilovibechurch.org.
Additionally, the Mush Love Social app, a safe space for individuals exploring plant medicine, is available at https://mushlovesocial.com and is currently available for download on iOS. The Android version will be released on October 25th, 2024.
Sources:
- Gonzales v. O Centro Espirita Beneficente União do Vegetal, 546 U.S. 418 (2006).
- Church of the Eagle and the Condor DEA Settlement – Filter Mag: https://filtermag.org/ayahuasca-religious-exemption-dea
- Proposition 122 Decriminalization of Psilocybin – Colorado State Information: https://www.denverpost.com/2022/11/09/colorado-proposition-122-psychedelics-decriminalization-results
- Church of the Eagle and the Condor Legal Case Study – DoubleBlind Magazine: https://doubleblindmag.com/church-of-eagle-and-condor-ayahuasca-legal-use
