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Santo Daime in Spain: a Religion with a Psychoactive Sacrament


Pages: 365 - 374

Abstract

Thus, we see two aspects oppose each other: public order on the one hand, which is expressed in a legislation protecting the public health, and freedom of religion and worship on the other hand. For the free exercise of freedom of religion and worship it is necessary that this judgment will not be applied; thus the approval of an exception for Daime is necessary, not for medical but for sacramental use, and it will be allowed to be subject to the medicine law in order for it to develop the right of free legal use. The outcome of this legal conflict is very unpredictable. This can only be left to the high judicial authorities of Spain and will depend on their understanding of freedom of worship if this, in the case of the Santo Daime Church, entails the consumption of Santo Daime. Presently, after analyzing the two cases in which Santo Daime were involved, one in the criminal and the other in the civil law, it can be said that the tolerance applied to Santo Daime is based more on the fact of it being a group of consumers rather than it being consumed in a religious environment. Had this not been the case, importation of Daime should have been legalized as a sacrament.