Following federal litigation in the D.C. Circuit, a Dentons pro bono team secures U.S. Drug Enforcement Administration and Iowa Board of Pharmacy registrations permitting the sacramental use of ayahuasca.

Dentons Davis Brown in Des Moines, Iowa, and Dentons US LLP in Washington, D.C., secured a significant victory for religious liberty on behalf of their client, Iowaska Church of Healing. The Church received registrations from the U.S. Drug Enforcement Administration (DEA) and the Iowa Board of Pharmacy authorizing its sacramental use of ayahuasca, a Schedule I controlled substance, making it the first church in Iowa, and one of the first in the nation, to be granted these registrations.

The result is grounded in the Free Exercise Clause of the First Amendment to the U.S. Constitution, the federal Religious Freedom Restoration Act, and the Iowa Religious Freedom Restoration Act. The representation and its related litigation, spanning more than seven years and hundreds of attorney hours, was handled pro bono by Dentons attorneys from Des Moines, Washington, D.C., and Chicago.

Multi-year path through agency delay and federal court

William A. "Bill" Boatwright of Dentons Davis Brown incorporated the Church in the fall of 2018. In January 2019, the firm applied to the Internal Revenue Service for 501(c)(3) status on the Church's behalf, and on February 28, 2019, it petitioned the DEA for a religious exemption from the federal Controlled Substances Act.

Both applications met lengthy governmental delays at the IRS and the DEA, and both became the subject of federal litigation in the U.S. District Court for the District of Columbia and the United States Court of Appeals for the D.C. Circuit. After lead litigator Simon A. Steel of Dentons US LLP argued a mandamus petition before the D.C. Circuit to compel the DEA to issue a ruling on the Church's religious exemption application, the parties entered into a Memorandum of Agreement that permits the Church to use ayahuasca in its religious ceremonies subject to agreed safety and anti-diversion protocols. The registrations should now clear the way for the IRS to recognize the Church as a 501(c)(3) public charity.

Why it matters

• First in Iowa: Iowaska Church of Healing is the first church to receive these registrations from the Iowa Board of Pharmacy, and one of a handful nationally to receive them from the DEA.
• Religious Freedom Restoration Act in practice: In 2006, the U.S. Supreme Court ruled that the Religious Freedom Restoration Act (RFRA) requires the DEA to accommodate the ayahuasca sacrament in certain circumstances. But implementing that ruling has been a slow and contentious process, with multi-year delays at the DEA attracting congressional scrutiny. With Dentons' assistance, the Iowaska Church of Healing pursued a patient but persistent strategy to secure legal recognition for its religious practice in a manner that honors both fundamental principles of religious freedom and important regulatory safeguards that ensure that controlled substances are used legally and safely and not diverted to improper uses.
• Pro bono commitment: The representation became a cause across multiple Dentons US Region offices, whose attorneys contributed their services without charge through IRS, DEA, and state regulatory proceedings and two appeals to the D.C. Circuit.

"This is a historic day for religious freedom in Iowa. For more than seven years, Iowaska Church of Healing battled egregious governmental delays and other practical obstacles that would have stopped most other churches from pursuing their constitutional right to freely exercise their beliefs and practices under the First Amendment and the Religious Freedom Restoration Act," said Boatwright, lead Iowa attorney on the matter. "From the very beginning, however, the Church has been committed to securing all necessary federal and state approvals for offering its sacrament during its ceremonies and offered complete governmental cooperation in doing so. The Church and I are extremely grateful for the masterful litigation assistance provided by Simon Steel in our D.C. office, as well as Dentons attorneys in Chicago and Des Moines. I am proud of our colleagues across Dentons who selflessly gave their time and expertise to this cause."

"We are grateful to Bill and the Dentons Davis Brown team for introducing us to a client, Iowaska Church of Healing, that is sincere and passionate in its faith, altruistic, and absolutely committed to following lawful regulations and working cooperatively with government agencies to ensure public safety," said Steel. "Religious freedom delayed is religious freedom denied, but we are pleased that this matter has finally reached an appropriate conclusion."

The legal team

Bill Boatwright of Dentons Davis Brown led the representation beginning with the Church's incorporation and initial governmental notifications and compliance. He was joined by Simon Steel of Dentons' Washington, D.C., office when litigation against both agencies was elevated to the federal Court of Appeals level. Bill received assistance from other Dentons Davis Brown attorneys Scott Brennan, Sarah Franklin, Michael Gilmer, Barrett Bierschenk, Samantha Stewart and Shelby Johnson. Additional assistance was provided by Dentons US LLP attorneys Joanne Caceres (Chicago) and Jennifer Morrisey, Katherine Daw and Rohit Murthy (all D.C.). The Church credits the team's expertise, dedication and perseverance in bringing this milestone to fruition.

About Iowaska Church of Healing

Iowaska Church of Healing is a spiritual organization devoted to fostering meaningful healing and helping people rediscover their connection to themselves, one another and the greater whole. Its initiatives include Spirit of Valor, a program supporting veterans and their families as they navigate the often-invisible wounds of military service. With its authorizations secured, the Church is preparing for sacramental ceremonies, expanded spiritual education, integration offerings, and community gatherings. Read the Church's press release here.

About Dentons

Dentons is the world's largest global law firm, delivering bold, business-focused legal solutions that help clients stay ahead of change. In the US, Dentons serves clients with more than 2,700 lawyers in 44 locations across 40 practice areas, pairing deep local insight and industry experience with the reach of a global platform.