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Canadians should be free to use magic mushrooms religiously: lawsuit

Quebec religion wants Health Canada香蕉视频直播檚 blessing to use magic mushrooms in ceremonies
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Psilocybin mushrooms that are ready for distribution are shown in Springfield, Ore., on Aug. 14, 2023. THE CANADIAN PRESS/AP, Craig Mitchelldyer

A Quebec-based religion is taking the minister of mental health and addictions to court, claiming Health Canada is dragging its feet on a decision whether to allow its members to use magic mushrooms in their ceremonies.

Gratitude Sanctuary, known as Sanctuaire de la Gratitude in French, and its 香蕉视频直播淩everend Superior香蕉视频直播 Alain Menier, filed an application in Federal Court claiming its members need to consume magic mushrooms to practice their religion.

The application was filed by the religious non-profit in early October in Ottawa, and says the group believes people receive 香蕉视频直播渢heir own teachings when entering the sacred space opened by the consumption of psilocybin mushrooms.香蕉视频直播

The application says ceremonies must be done safely and legally, but Health Canada hasn香蕉视频直播檛 decided on the group香蕉视频直播檚 request for an exemption from the Controlled Drugs and Substances Act, which was first submitted in March 2022.

香蕉视频直播淎n important tenant of the religion is that the mushrooms should be consumed in the safest way possible, which requires that they be consumed under strict health and safety protocols, in a controlled environment, and under trained supervision,香蕉视频直播 it says.

In response to the request, the application says Health Canada sent two questionnaires to Menier with 41 questions in total, but months went by without a response.

The religious non-profit香蕉视频直播檚 lawyer sent a 香蕉视频直播渄emand letter香蕉视频直播 in September to Health Canada seeking a response to the exemption request within 30 days, and 香蕉视频直播淗ealth Canada confirmed receipt but did not provide any of the responses requested nor demonstrate that it was taking steps to further the processing of the exemption request.香蕉视频直播

It wants to compel the agency to decide on the exemption, saying it 香蕉视频直播渃annot conduct their religious ceremonies without香蕉视频直播 it.

Menier and Gratitude Sanctuary claim in court that their 香蕉视频直播渞eligious freedom rights are being infringed by the lack of an exemption,香蕉视频直播 and they want a judge to compel the minister of mental health and addictions to either decide to grant or refuse the request.

香蕉视频直播淣o harm will result from the minister continuing to process the exemption request,香蕉视频直播 the court application says.

香蕉视频直播淩ather, it will result in either the minister granting the request and allowing the applicants to practice their religion or the minister notifying the applicants about what more information that is needed or of the minister香蕉视频直播檚 intent to refuse the request.香蕉视频直播

Health Canada said it was looking into a question about religious exemptions from the act.

Health Canada香蕉视频直播檚 website outlines how exemption requests are decided on a 香蕉视频直播渃ase by case basis,香蕉视频直播 and processing times vary depending on the purpose of the exemption.

The agency香蕉视频直播檚 website says it strives to 香蕉视频直播渁ssess requests in a timely fashion,香蕉视频直播 aiming for 45 days for clinical studies, 70 days for scientific research, but for 香蕉视频直播渘on-routine exemptions, there is no set time period for receiving decisions.香蕉视频直播

香蕉视频直播淭he review time varies depending on the complexity and completeness of the request,香蕉视频直播 Health Canada香蕉视频直播檚 website says.

A lawyer for Gratitude Sanctuary did not immediately respond to an email and voice mail seeking comment.

This report by The Canadian Press was first published Oct. 21, 2024.





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