In the light of the above, it was found that Hoaska tea is not considered as a “prepared” or “mixture” under the 1971 Psychotropic Substances Convention, it was seen as simple decocation of unrelated plants (marri and chacrone), without the isolation or purification of DMT. Thus neither tea nor plants used in their preparation are subject to international or prohibited control in Spain, according to the guidance of the United Nations International Entorpecient Control Authority. In the case under examination, despite the Spanish court, it has recognised the absence of any prohibition — understanding this profiled by the Public Prosecutor itself — contradictory determination of the destruction of the defendant's religious sacrament on the grounds that Hoasca's tea contains DMT. As shown, this decision is not only the official position of the United Nations, but completely ignores the many studies of the scientific community on the subject, which proves that the use of Hoaska tea within the ritualistic and religious context is harmless to the physical and mental health of those who commute it. It was also identified that possible criminalisation or even prohibition of the possession, transport and use of Hoaska for sacramental purposes would be unjustified to protect public health, since it was not at risk, but also positive the regulation in Brazil which, by sealing any kind of trade, restricts the use of religious rituals. Finally, it was found that the judgment examined in the Constitution itself and several international treaties of which Spain is a signatory, which ensure the right to exercise freely religion, consisting of serious religious discrimination against hoaschers, unacceptable positioning in an inclusive constitutional community.