SEIZURE OF HALLUCINOGENIC TEA CAUSES A STIR

A hallucinogenic tea called hoasca that is used by members of a
Brazil-based religious group has become the focus of a legal battle in New
Mexico.

Adherents of O Centro Espirita Beneficiente Uniao do Vegetal, or UDV
(Portuguese for "union of the plants") say the herbal brew of two plants is
a central sacrament in their religious practice, which is a blend of
Christian beliefs and traditions rooted in the Amazon basin.

Jeffrey Bronfman, whose family owns a substantial interest in Seagram Co.
Ltd., is president of the church in the United States. He contends federal
authorities are unconstitutionally denying UDV members the right to
practice their religion.

Bronfman and other church members sued on Nov. 21 on behalf of UDV-USA in
U.S. District Court in Albuquerque, and this week said they will seek a
preliminary injunction.

The U.S. Attorney's Office, through a spokeswoman, declined to comment
Thursday on the civil suit or any criminal investigation.

First Assistant U.S. Attorney Paula Burnett said the government's answer in
the civil suit will be filed by Jan. 21 and she could not offer details
beyond that.

U.S. Customs agents seized a barrel of the tea shipped to Bronfman's Santa
Fe home a year and a half ago.

Statements in a search warrant for Bronfman's home say Customs believes
Bronfman and UDV tried to illegally bring a controlled substance into the
country. Analysis of the "brown liquid" by a U.S. Drug Enforcement
Administration chemist concluded it contained DMT (dimethyltryptamine), "a
powerful hallucinogen that may be taken orally in liquid form" and has no
commercial uses.

Bronfman's directions to shipping companies say the tea, made from plants
known as Mariri and Chacrona, is for use by the religious organization,
which has been practicing in the United States for the past 10 years and
now has about 8,000 members worldwide.

"The tea imported has no commercial value and will not be sold. It will be
used only by members of the social religious organization as a health
supplement," the search warrant quotes Bronfman's shipping letter as saying.

No criminal charges have been filed since the May 1999 seizure, although
the civil lawsuit says that remains under consideration.

Federal officials have refused to return the hoasca.

Fearful that it would be destroyed, UDV members - through their lawyers
Nancy Hollander and John Boyd - have sought return of the tea and said they
can't practice their faith without it.

"It would be like asking Catholics to have communion without the
Eucharist," Hollander said.

The central argument of the civil suit is a claim under the Religious
Freedom Restoration Act, which says the government must have a "compelling
interest" in interfering with religious practices and must do so by the
least restrictive means when such an interest exists.

The UDV claims the government can't meet either test in this case, in which
adherents' "sacramental use ... of hoasca does not create any significant
potential for abuse and is substantially harmless."

UDV members draw parallels to federal protection for members of the Native
American Church using peyote, which also has hallucinogenic properties.
They argue they are being denied their right to equal protection of law and
their First Amendment right to freedom of religion.

Besides seeking return of the tea, UDV is seeking a declaration from the
judge that hoasca is not a controlled substance under the Controlled
Substances Act and that Customs exceeded its authority in making the seizure.

In legal filings this week, the lawyers said they plan to ask Chief U.S.
District Judge James A. Parker for a preliminary injunction but want to
file more pages than the court normally permits. The U.S. Attorney's Office
is opposing the request.

The UDV is not the only hoasca-using religion in Brazil, but it is
considered to be the most strongly organized, according to researchers.

According to the civil complaint, the tea is "non-addictive, is not harmful
to human health and poses none of the risks commonly found with the use of
certain controlled substances. Also, anthropological research has show that
this tea has been used safely in religious contexts for more than 1,500 years."