Uniao do Vegetal (UDV) v. United States

The UDV is one of two relatively large religious organizations whose members consume ayahuasca as psychoactive sacrament.

April 18, 2005: U.S. Supreme Court Grants Review of Case


 November 12, 2004: Tenth Circuit Affirms Preliminary Injunction in favor of Church.


Case Documents. (Last updated 2003 -- Sorry! We really need to get this updated !  See above links for latest)
compiled by Michael Anderson

District Court Docket (requires ACE password)

The Most Recent Documents are at Bottom of Page

Plaintiff's original complaint for declaratory and injunctive relief, filed Nov. 21, 2000: This is the UDVís original lawsuit against the government.

http://nvo.com/cd/nss-folder/pubfiles/PltnfsComplaint.pdf

Plaintiff's motion for a preliminary injunction, and memorandum of points and authorities in support thereof, filed Dec. 22, 2000:

http://nvo.com/cd/nss-folder/pubfiles/PlntfsMPAMotionPI.pdf

Defendant's memorandum in opposition to plaintiff's motion for a preliminary injunction, filed Jan 25, 2001:

http://nvo.com/cd/nss-folder/pubfiles/DfndtsResponsePI.pdf

Defendant's answer to the complaint, filed Feb. 1, 2001: This is the governmentís reply to the UDVís original lawsuit.

http://nvo.com/cd/nss-folder/pubfiles/DfndtsAnswer.pdf

Plaintiff's reply to defendant's memorandum in support of opposition to plaintiff's motion for a preliminary injunction, filed Feb 12, 2001:

http://nvo.com/cd/nss-folder/pubfiles/PlntfsReplyPI.pdf

Court's Memorandum Opinion and Order for the preliminary injunction, filed Aug 12, 2002: This is the courtís opinion on the order granting the preliminary injunction to the UDV.

http://nvo.com/cd/nss-folder/pubfiles/CourtsOpinionPI.pdf

Court's preliminary injunction, filed Nov. 13, 2002: This is the actual preliminary injunction, which details the arrangements made between the UDV and the DEA.

http://nvo.com/cd/nss-folder/pubfiles/CourtsPI.pdf

Plaintiff's emergency motion for reconsideration of the court's order granting the government's motion for an emergency stay pending appeal, filed Dec. 18, 2002: This was filed by the UDV after the appellate court granted the government an emergency stay of the courtís injunction.

http://nvo.com/cd/nss-folder/pubfiles/PlntfsReconStay.doc

Sept. 5, 2003: A New Mexico church was handed a small victory yesterday when a federal appeals court ruled its use of hallucinogenic tea was likely to be protected under religious-freedom laws. The 2-1 ruling by a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver, upheld a preliminary injunction against the U.S. attorney general, the Drug Enforcement Administration and other government agencies that sought to prohibit the tea's use. CCLE Notes on Ruling

November 12, 2004: Tenth Circuit Affirms Preliminary Injunction in favor of Church.

See Also:

CCLE Drug Law Library - Ayahuasca