In Soul Quest Chruch of Mother Earth, Inc. v. Attorney General, (11th Cir., Dec. 18, 2023), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, held that an appeal of the DEA's denial of a religious exemption to a church so it could legally use ayahuasca (a sacramental tea) needs to be made to a Circuit Court of Appeals, not to a federal district court. The issue turned on whether the DEA's denial was made "under" the statutory provisions of the Controlled Substances Act, or whether it was made "under" the Religious Freedom Restoration Act. 21 USC §877 requires appeals of final decisions made under the Control and Enforcement subchapter of the CSA to go to federal circuit courts. Judge Newsom dissenting argued that the decision was made "under" the Religious Freedom Restoration Act, and so was appealable to a federal district court.
