Federal Watchdog Criticizes DEA’s Religious Exemption Process for Psilocybin
Washington, D.C.—June 3, 2024
A recent report by the U.S. Government Accountability Office (GAO) has called on the Drug Enforcement Administration (DEA) to improve its process for granting religious exemptions for the use of psilocybin and other controlled substances. The 80-page report highlights significant issues with the current procedures, emphasizing a lack of clarity on timing, evaluation criteria, and other critical matters.
Inconsistent and Prolonged Decision-Making
According to the GAO report, while psilocybin remains a Schedule I controlled substance under the Controlled Substances Act (CSA), individuals can petition the DEA for exemptions to use it for religious purposes. However, the current process is criticized for its lack of clear timeframes for decision-making, with some petitions taking from eight months to over three years to be resolved.
Barriers to Religious Freedom
The GAO focused on the use of psilocybin under the Religious Freedom Restoration Act (RFRA), which is designed to protect religious practices from undue government interference. The report found the DEA’s exemption procedure to be particularly burdensome. It noted that DEA’s guidance does not provide clear timeframes for determining completed petitions, leading to significant delays.
From 2016 to January 2024, the DEA received 24 petitions for religious exemptions for various controlled substances. None of these petitions were granted exemptions. Specifically, of the six petitions for psilocybin, three were withdrawn and three are still pending, with processing times ranging from eight months to over three years.
GAO Recommendations for Improvement
To address these issues, the GAO made four main recommendations for the DEA:
Clearly communicate the types of information required for evaluating religious sincerity in exemption petitions.
Clearly communicate the standards and relevant factors for decision-making.
Establish timeframes for making determinations on completed petitions.
Provide information to petitioners on how to receive updates on the exemption review process.
Each recommendation is tracked with a status update mechanism, which will report on DEA’s actions in response.
Congressional Involvement and Future Directions
The review was initiated following a congressional request in 2022. Lawmakers directed the GAO to examine the impact of CSA enforcement on psilocybin use, identify barriers to therapeutic and religious access, and recommend improvements for federal authorization processes.
While exemptions for religious use of controlled substances are rare, they are not unheard of. For instance, a recent legal settlement allowed an Arizona-based nonprofit to import and use ayahuasca as a religious sacrament, marking a significant precedent under RFRA.
Ongoing Legal and Legislative Actions
The DEA’s clarity and responsiveness on exemption determinations are also under scrutiny in other contexts. For example, a Washington State doctor is suing the DEA over delays in obtaining an exemption to use psilocybin for treating terminally ill patients, arguing that the DEA has failed to address the merits of the requests adequately.