Eric Postow, Esq. 

When the spirit speaks, we must listen. 

As a first-year law student at the University of Richmond in 2013, I left behind my former identity as a Marine Corps officer after eight years. For me, this marked a moment of shedding my skin and moving beyond the highly conditioned warrior avatar that I no longer needed. Over the course of three years, I embarked on a personal odyssey to rediscover myself. Along the way, I did small things like growing out my hair and keeping a rugged beard, but the most important step was opening my mind to religious and spiritual teachings from around the world. It was a fortunate moment in the law school's library that set me on the path I continue to follow today.

During the spring semester, I stumbled upon a copy of the Tao Te Ching by Lao Tzu. As I read the very first passage on the very first page, I was transfixed in a way I had never experienced before by a religious text. The words "the written way, is not the way" held me in that moment and spoke to something deep within myself that I had always known but had never seen expressed in the religious teachings I grew up with. To me, the book, as with all religious texts, was attempting to explain the inexplicable, the great everything - the way, the supreme infinity, the origins, the alpha and omega, the universe, and God. However, it also warned against getting trapped by words themselves. Words, being limited, can restrict our ability to truly comprehend and experience God. Throughout history, words and limitations have led us to dogma, literalism, and separation. Instead, I believe that knowing and experiencing God is something that lives outside the words of scripture and exists inside of us, always available for our discovery.

The Emergence of Unified Consciousness and Non-dual Religions 

Mystics from various religions often converge on a set of universal religious principles, one such example being the golden rule. However, these mystics transcend written religious texts and delve into the spiritual realm of experience. In some Indigenous religions, the experience itself is the religion, with no separation between the spiritual and material aspects of life. This is the essence of non-duality, which emphasizes oneness with everything and the absence of separation between self and the universe. Eastern religions such as Hinduism and Buddhism have long embraced this concept, while it is expressed in Judaism and Christianity as oneness with G*d, and in Islam as Waḥdat al-wujūd.

Non-dualism is experienced directly, beyond the confines of language, rules, and narratives. This state of communion in pure unity with G*d consciousness, also referred to as the Godhead, temporarily dissolves the boundaries between ego and spirit, and between material and unified consciousness. This experience can be achieved through various methods, the most common being meditation or deep contemplation. Additionally, the use of sacred plants or compounds, commonly known as psychedelics in the west, has been used historically in many traditions to aid the attainment of this state. For many, the feeling of awe and oneness experienced during this process fosters a sense of interconnectedness and a renewed appreciation for humanity's place as part of the planet. This can lead to a deeper sense of empathy for the environment and the planet's biodiversity, encouraging individuals to make different choices that promote sustainability and reduce harm.

Psychedelic Religions Under Law

Where religion meets American law is the epicenter of the religious renaissance presently unfolding beneath us. Enshrined in the First Amendment to the US Constitution is the protected liberty to pursue our religious beliefs freely and away from unnecessary governmental interference. Since the founding days of the republic, freedom of conscience, belief and practice were inseparable from the notion of nationhood itself. Over the years however, "American" people have not always lived up to this ideal. The United States indeed acted in direct contradiction of this ideal by trampling on the rights and liberties and religious practices of Indigenous peoples living on this soil. Certain actions taken by the government infringed on sincere religious exercise and this was further compounded by an abhorrent application of law in some famous Supreme Court cases including, In Employment Division v. Smith, 494 U.S. 872 (1990), in which the Supreme Court "virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion." In response to the egregiously wrong decision, Congress passed, and the President signed into law the Religious Freedom Restoration Act (RFRA) followed by the 1994 Amendments to the American Indian Religious Freedom Act, the Religious Land Use and Institutionalized Persons Act (RLUIPA) and eventually a favorable Supreme Court case in Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006).

In response to the recent legal history, the US government through the DEA has started line drawing by creating a standard of what a religion is and what a religion is not. The DEA has provided guidance for religious groups to submit Petitions for Religious Exemption from the Controlled Substances Act Pursuant to the Religious Freedom Restoration Act. And has rejected some of those petitions while revealing the government's preferences for what a religious practice is and what it is not. The clear error of this process is that, as many courts have noted, the government really should not be in the business of validating what a religion is, or what a genuine religious practice is. The relevant questions here focus on religious practices that integrate psychedelics or plant medicines into the practice as a central component of the religion. One important observation is that we are currently living in a unique time in which, at least from a legal perspective, the government is directly communicating with religions regarding their psychedelic practices. It is impossible to ignore the growing number of religious groups claiming the right to use psychedelics as a central part of their religious experience. So, there is an opportunity in this moment to break through and establish protected psychedelic religious practices looking for public acceptance. The question for religions seeking to incorporate new revelations or insights that come from psychedelics into their structured religious practice is how to promote the evolution of the religion or the establishment of a new religion in a way that integrates essential legal frameworks.

For many religions who know that psychedelics are an essential and central feature of their religious practices or pursuits, the answer is to follow their conscience and practice their religions faithfully. It is easy to see that many psychedelic religions will emerge from all corners of the religious world, which knows no geographic boundary, to begin openly practicing their faith. In western traditions, new Christian, Islamic and Jewish congregations will continue to form around the direct divine experiences coming through the psychedelic religious experience. These spin-offs largely follow a preexisting road map of reformation and consolidation that has been a prominent feature of every world religion since their inceptions. By integrating traditional scared texts, customs, beliefs with new covenants or modes of worship, established religions can continue to progress into the future in new ways. By taking responsibility for their beliefs and desires to practice freely, these religions can and should work towards creating appropriate legal frameworks to ensure the practices diminish the risk of diversion and establish clear safety protocols for safety and harm reduction. This will not only protect their religious freedom but also ensure the safety of their members and society at large.

The Potentiality of Psychedelic Religions 

It is essential for emerging psychedelic religions to prioritize harm reduction, and if they approach state recognition and legitimization thoughtfully, they have the potential to benefit society in significant ways. By engaging in interfaith dialogue, offering services to help individuals overcome unhealthy addictions, and focusing on strengthening family, community, and relationships, these communities can build meaningful coalitions with the broader community. Psychedelic congregations must be integrated into society to make a positive impact as a community partner. Remaining secretive and hidden only leads to further separation and mistrust. Openness and unity between practitioners and their communities will foster a harmonious balance between the religion and society at large. When spiritual communities are seen as valuable members of society, their beliefs and practices become less questioned. This is the present moment, and it is crucial for emerging psychedelic religions to take advantage of this opportunity.

Purpose and Mission 

The path I embarked on years ago has been extensive and rich with knowledge. It has connected me with remarkable individuals, cultures, traditions, and, most importantly, spiritual beliefs. To me, it has become a personal spiritual quest. My purpose is to navigate the intersection between law and religious experience and utilize legal means to help numerous religions emerge from obscurity and become recognized. I strongly believe that psychedelic religions hold significance in our world. I am convinced that these religious experiences can facilitate humanity's progression into a new era of interconnectedness and joy through a restoration of faith.