The answer to whether a psychedelic religion can prevail on an RFRA claim in Virginia is not entirely clear. While the Virginia Religious Freedom Restoration Act (RFRA) provides enhanced protection for the free exercise of religion, it does not permit any person to violate generally applicable laws or regulations, such as drug laws, in the name of religious freedom.

The United States Supreme Court has held that the government can regulate drugs, even if such regulations have an incidental impact on religious practices. However, the Supreme Court has also recognized that religious practices are entitled to some protection under the First Amendment to the US Constitution and RFRA.

As a result, whether a psychedelic religion can prevail on an RFRA claim in Virginia would likely depend on a number of factors, such as the specific religious beliefs and practices of the group, the nature and extent of the government's interest in enforcing drug laws, and the potential impact of an exemption for the religious group on public health and safety.

There is some legal precedent that may be relevant to this issue. For example, the U.S. Supreme Court has previously held that the federal government can prohibit the use of peyote, a hallucinogenic plant that is considered sacred by some Native American tribes, despite the fact that its use is part of their religious practices. However, there have also been cases where courts have recognized exemptions for certain religious practices involving drugs, such as the use of ayahuasca by the União do Vegetal, a Brazilian-based religious organization, in a case that reached the U.S. Supreme Court in 2006.

Ultimately, whether a psychedelic religion can prevail on an RFRA claim in Virginia would depend on the specific facts and circumstances of the case, and would be subject to judicial interpretation and application of the Virginia RFRA and relevant legal precedents.

Virginia's Limited Case Law

As far as I am aware, there have not been any reported court cases in Virginia specifically addressing psychedelic religions under the Virginia Religious Freedom Restoration Act (RFRA). However, there have been cases in other jurisdictions that have considered the application of RFRA to religious practices involving psychedelics, such as the use of peyote or ayahuasca.

For example, in the case of Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal, 546 U.S. 418 (2006), the United States Supreme Court considered whether the federal government's prohibition on the use of a hallucinogenic tea known as ayahuasca violated the RFRA with respect to the União do Vegetal, a Brazilian-based religious organization that uses the tea in its religious ceremonies. The Court ultimately held that the RFRA required the government to permit the use of ayahuasca by the União do Vegetal in its religious ceremonies, subject to certain safeguards to prevent diversion of the substance into the illicit drug market.

Similarly, in the case of Native American Church of Navajo Nation v. United States, 60 Fed. Cl. 269 (2004), a federal court considered whether the federal government's criminalization of peyote violated the RFRA with respect to members of the Native American Church, who use peyote in their religious ceremonies. The court ultimately held that the RFRA required the government to permit the use of peyote by members of the Native American Church in their religious ceremonies, subject to certain restrictions and safeguards.

It is possible that in the future, a court in Virginia could consider a case involving the use of psychedelics in the context of a religious practice and the Virginia RFRA.