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then isn't having certain psychedelics illegal break the 1st Amendment?
http://www.psychedelic-library.org/clark.htm
http://www.youtube.com/watch?v=DxDZW6n69-0

2007-12-25 13:51:27 · 3 answers · asked by Psychedelic P 2 in Politics & Government Law & Ethics

But...Genital mutilation and murder are greatly different than drug use. There is no victim involved if someone uses drugs.

2007-12-25 14:00:07 · update #1

3 answers

The government absolutely can and does limit religious freedom when that practice infringes the rights of other or endagers the life of others.

While psychedelic use may be argued that it does endanger others in society, instinces of this is actually fairly low in most cases. Nearly all psychedelics are not "true" hallucinegens, producing a clear line where the psychedelic effect is taking place.

The rumors of people killing/hurting others or self on substances like LSD are greatly exhagerated.

Several people have tried to claim that the use of psychedelics is a religious expression, and should be covered by teh first ammendment. Yet the court has yet to even hear this argument. The fact that many individuals have attempted, unseccessfully, indicates that an established religion DOES exist, and that the court should be obligated to at least HEAR the defense. Yet, time after again, the courts have rejected this claim.

On another front, various psychedelics ARE legally available to some religions. Certain Native American religions may use peyote (mescaline) in religious sacraments. This is, IMO, a clear violation of religious discrimination by allowing one set of faiths access to a controlled substance but not another. The government is essentially prefering Native American religions over other individuals who use similar material in similar ways.

On a more personal note, I do not even think that the control of psychedelics is about public safety, but rather reflects a fear people have about the unconventional ideology and theology many lagitimate users of psychedelics derive from the use: a universe which is driven by love, compassion and understanding - rather than the exploitation power.

Prohibition is the unconcious result of the fear of change.

2007-12-25 14:26:05 · answer #1 · answered by yay_boxes 4 · 0 0

Not at all.

Certain religions - Thuggee for example - believe in murder as a sacrifice to their God. That doesn't mean that banning murder is a violation of the First Amendment.

It's perfectly legal to ban something, for purely secular reasons, that some people want to use as in their religion.

As another example, we prohibit Muslim parents in this country from performing ritual genital mutilation on their minor daughters, even though it's a part of the religion, and is practiced in much of the Muslim world.

Richard

2007-12-25 21:58:52 · answer #2 · answered by rickinnocal 7 · 0 2

Woundn't that open a door that society has chosen to keep closed ... for good reason? Anybody remember Ralph Edwards' daughter jumping out of a hotel window after psyching up? Pick another way to kill yourself, Punk, so you don't accidently fall on an innocent bystander.

2007-12-25 22:04:00 · answer #3 · answered by te144 7 · 0 2

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