Regarding Ayawaken Inc.’s Ayahuasca-Based Religious Beliefs and Practices

Ayawaken, Inc. is an entheogen-based religious organization established under the laws of the State of Texas and recognized as a church under Section 501(c)(3) of the Internal Revenue Code. The Church’s theological and ritualistic framework centers on the sacramental use of Ayahuasca, a sacred brew with deep spiritual and ancestral significance.

While Ayahuasca contains dimethyltryptamine (DMT), a substance listed on Schedule I under federal and state law, the Church’s structured, intentional, and sacred use of Ayahuasca is protected by:

• The Free Exercise Clause of the First Amendment
• The Religious Freedom Restoration Act (RFRA)
• Applicable state religious freedom statutes, such as the Texas RFRA (Texas Civil Practice & Remedies Code § 110.001 et seq.)
   

The First Amendment, via the Fourteenth Amendment, applies to all levels of government. Under 42 U.S.C. § 1983, individuals may bring civil actions against:

• Government officials (in their personal capacities), and
• Government departments (under Monell v. Department of Social Services, 436 U.S. 658)
   

In Tandon v. Newsom (141 S.Ct. 1294, 2021), the U.S. Supreme Court affirmed that laws are not “generally applicable” if they treat comparable secular activity more favorably than religious exercise. Two activities are comparable if they address the same governmental interest.

Implication for Ayawaken:
Controlled Substances laws that prohibit or substantially burden the Church’s religious use of Ayahuasca are neither neutral nor generally applicable, and thus trigger strict scrutiny under Employment Division v. Smith (494 U.S. 872, 1990). Under this standard, the government would likely be unable to justify such interference.

The federal RFRA (42 U.S.C. § 2000bb et seq.) codifies the same strict scrutiny standard:

• The government must demonstrate a compelling interest, and
• Use the least restrictive means of furthering that interest
   

RFRA applies to all federal officials and laws, including the Controlled Substances Act (CSA).

RFRA allows lawsuits against federal officials in both personal and official capacities for actions that substantially burden religious exercise — including any enforcement of the CSA against the Church or its members.

Any infringement on religious freedom, even temporary, constitutes irreparable harm under both the First Amendment and RFRA.

As clarified in Tandon, even momentary interference with the free exercise of religion is considered irreparably harmful, beyond the reach of monetary compensation.

Ayawaken Church’s ceremonial use of Ayahuasca is rooted in a safe, well-documented, and spiritually grounded tradition. According to peer-reviewed medical and scientific literature:

• Ayahuasca has a low potential for abuse
• It poses minimal risk when used in structured ceremonial settings
• It supports profound spiritual and psychological transformation
   

The Church maintains:

• Health screening procedures before participation
• Ceremonial safety protocols rooted in ancestral knowledge
• Spiritual integration practices
• Secure storage and tracking of all sacramental materials
   

The purpose of all protocols is to create a safe, reverent, and transformative environment for religious communion, consistent with both public health and religious freedom standards.

This notice serves as formal and public recognition that:

• Ayawaken Church is a bona fide religious organizatio 
• Its sacramental practices are protected under the First Amendment, RFRA, and state law
• Any governmental interference will be considered a substantial burden on religious exercise
   

Should such interference occur, Ayawaken will pursue all available legal remedies in a court of competent jurisdiction, including but not limited to:

• Injunctive and declaratory relief
• Monetary damages
• Attorney fees and costs
• Actions under 42 U.S.C. § 1983 and RFRA
   

This notice does not interfere with or substitute legal discretion or advice afforded to government officials. Rather, it provides a uniform statement of legal position to law enforcement, regulatory agencies, and the public.

[1] See Texas Religious Freedom and Restoration Act, Texas Civil Practice & Remedies Code §§ 110.001 et seq.
[2] Monell v. Dept. of Social Services, 436 U.S. 658 (1978)
[3] Tandon v. Newsom, 141 S.Ct. 1294 (2021)
[4] Id. at 1296
[5] Id.
[6] Employment Division v. Smith, 494 U.S. 872 (1990)
[7] See also Endnote 3
[8] Tandon, 141 S.Ct. at 1296

[9] Id.