greg-lake-video:-psychedelic-psychology-as-protectecd-free-exercise-under-the-first-amendment-|-cannabis-law-report-|-how-to-order-skittles-moonrock-online

Greg Lake Video: PSYCHEDELIC PSYCHOLOGY AS PROTECTECD FREE EXERCISE UNDER THE FIRST AMENDMENT | Cannabis Law Report | How to order Skittles Moonrock online

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PSYCHEDELIC PSCHOLOGY AS PROTECTED FREE EXERCISE UNDER THE FIRST AMENDMENT

I.               Purpose is to inform and educate psychedelic-based mental health practitioners about how courts define religion under the First Amendment-how their practices fit squarely within the definition and how such practices would likely fare under strict scrutiny.

II.             Clearing up common misconceptions of how law defines religion

Ø  My qualifications;

Ø  Beliefs and practices need not be attached to established religion; idiosyncraticism is honored in the law;

Ø  Religious v. Secular beliefs- no clear way to discern and law accommodates both within belief system(s);

Ø  The IRS 14-factor test for “church” is not legal test for “religion” and is otherwise unconstitutional;

Ø  Average legal practitioner/LE official lacks knowledge of legal test of religion.

III.           Legal test for religion broad and allows for circumscribed and sacred use of psychedelics

Ø  1st Amm. sets floor for inclusion of religious beliefs;

Ø  Brief discussion of evolution of legal test;

Ø  Jurisprudential propositions to prevent court bias;

Ø Stevens v. Berger quote;

Ø Malnak & Africa-influential third circuit cases;

Ø Meyers test for religion

Ø  Inherent religiosity of Entheogen-based practices

Ø  Syncretic blending of traditions as religion under the first amendment

Ø  Dr. Winkleman’s anthropological findings and conclusions

IV.           What Psychedelic medicine/science says about the nature of the psychedelic experience

Ø  Generally research says that those who consume an appropriate dose of psychedelics in an appropriate setting are, way more likely than not (70-80%) are going to have a PR/ME experience; such number help prove both sincerity and religiosity.

o   Most research subjects place psych-induced PR/ME within top 5 most meaningful experiences-some rank as number one;

o   Many of such subjects describe “ineffable” quality of such experiences; this aligns them with mystical and ancient texts on religion/spirituality;

o   Research shows the nature, content, and depth of PR/ME is indicator of positive clinical outcomes; intent to effectuate as evidence of religiosity;

o   Some report perinatal experiences (Grof); answers the ultimate issue of life and death;

Ø  Psychedelics relatively safe when taken in curated set and settings and safety precautions adhered to:

o   Research has revealed most if not all contraindications (conditions/medications);

o   Research informs on safe set and settings;

o   Research incorporates indigenous knowledge of set and setting;

V.             Overlap of Secular and religious beliefs (and the resulting practices)

Ø Callahan v. Woods: “…a coincidence of religious and secular [beliefs] in no way extinguishes the weight appropriately accorded the religious [beliefs].”

o   First Amm. facilitates beliefs that psychs heal and can be for divination;

o   Clear dichotomy between medical/secular v. rel/spirit/nature is only western mindset, indigenous peoples draw no distinction;

o   Medicine not purely secular term

VI.           Overview of RFRA and 1st amm religious free exercise analysis

Ø  RFRA and 1st Amm. require exact same analysis (i.e. compelling govt’l interest test);

o   SS analysis in RFRA is 1st amm test per Sherbert and Yoder

§  Litigation burdens under RFRA

Ø  In terms of safety, courts like circumscribed use versus all day use;

Ø  No prior permission needed to engage in “legal” religious practice

VII.         Licensing boards

Ø  Greatest concern for mental health professionals; no constitutional constraints on these bodies; whether professional represents a danger or hazard to public;

o   Have not seen any clients come against boards in five years;

o   One instance in California of non-client and board;

o   Lessons on how to avoid board censure:

§  Delineate professional versus religious practice;

§  Facilitate with other co-religionists;

§  Separate in fact professional practice and religious/spiritual work

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