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Allison Hoots stumbled into psychedelic law through her own healing. Being the only lawyer at her ayahuasca circle, she quickly found herself diving into religious freedom protections. Today, she directs the first association of churches committed to accountability around the ethical ceremonial use of sacraments in the US.

We asked Allison about the double standards psychedelic churches face in court, why she's developing a permit model for psilocybin access, and what advice she'd give to people feeling called to facilitate.

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How did you first become interested in the right to religious exercise with plant medicines?

I think my background in personal use of psychedelics always made it appealing. I was lucky to be nerdy enough to find Erowid at a very early age and felt more empowered with education and intention than most during those first experiences.

But I also had some difficult relationships with substances. In addition to being put on pain medication for severe menstrual cramps at 15, I was continually prescribed opiates throughout my teens and twenties because of hypermobility and surgeries. When I was really struggling, someone suggested an ayahuasca community in New York. I was living in Philly, but I sought out this community and sat in two ayahuasca ceremonies in one weekend. It put me through it in a hard but beautiful way. My eyes were opened to what that kind of ritualized and spiritual experience was like.

I started writing policies—things like a helper handbook. Then I found myself researching the right to religious exercise and how it had protected sacramental practices. I immediately felt called to work in this space. I had always loved the law, but until then, I didn't feel as personally connected to the specific legal matters I was working on.

Through Sacred Plant Alliance, you're working to create standards for churches using plant medicines. What are the biggest challenges these communities face when trying to practice legally?

If you are a community that is organized based on beliefs and practices, then it is arguably religious exercise and that is entitled to protection under the guaranteed right to freedom of religion. But without legality—and there are very few who have legal exemptions—there are increased risks and compounded risks from the Controlled Substances Act and state analogs.

There's a lack of healthcare screening available because doctors are afraid to participate. There's a lack of continuity of care, such as from therapists who might help prepare somebody for or integrate an experience. There's a fear to call emergency services when there is an emergency. We also lack resources for accountability and ethical standards on informed consent and how to act transparently with community members.

So what Sacred Plant Alliance (SPA) set out to do was create a space for collaboration among experienced practitioners with religious communities that hold ceremonies with sacred substances to determine best practices and ethical standards, and to create an accountability structure. SPA has established a required annual peer review and ethical reporting mechanism, as well as monthly meetings where practitioners share things going well or difficulties within their communities.

We also advocate for the legal right to an exemption from the Controlled Substances Act. But the DEA's religious-based exemption petition process is not functional, reasonable, or viable. It's putting people in a difficult position, forcing them to choose between abiding by the law or practicing their faith—risking their livelihood.

Your recent paper points out how courts apply double standards to psychedelic churches compared to traditional religions. What's the most striking example of this bias you've seen?

One interesting point is if you are a recognized traditional religion, the courts have declined to look at whether you are a religion or not. They say, "You say you're religious, and so we believe you're religious." But if it involves a controlled substance, there is additional scrutiny that would not otherwise be applied.

There was a precedent set in a US Supreme Court case where they said, it's not for us to determine if your belief system is religious, but only if you have conviction in those beliefs. But that's not what we've seen in court cases that involve a sacred substance. Instead, courts conclude, "It doesn't look like religion. You're just worshiping this plant. This must be a cover for distribution." Stigma has allowed discriminatory and inconsistent application of the law.

The other big issue I have is the analysis of whether there's alleged "commercial activity" and how that can undermine religiosity. When we look at mega churches or churches that have retreats or other events, that's very normalized. But in a psychedelic space, that might be considered dispositive, meaning, "Well, it can't be religious because people are paying for retreats with ceremonial substances." Yet we can look at the Internal Revenue Service's guidance on churches where they explicitly say they anticipate that donations would be made for ceremony and for sacramental substances like wine, which—let's not forget—is a psychoactive substance that was once prohibited.

RFRA is intended to protect the religious minority and those who have sacramental practices. But we are still in a period where the War on Drugs is used as an unreasonable justification for infringing on sincere religious exercise.

You've been involved in developing a bill in New York that would create permits for adult use of psilocybin. How does this approach differ from the religious exemption path, and why pursue both?

In some ways, it's similar to the religious exemption framework. Since my work started in this space, I’ve seen as an ongoing theme that what is most important is screening, education, and informed consent, in addition to education of facilitators or service providers and accountability mechanisms.

I was also thinking about the healthcare providers that I advise in my legal practice, warning them, that services to screen or prepare someone for a psychedelic experience can risk their licensure. Even discussing the substance could be the basis of a civil suit or a criminal violation. There was a case in the Ninth Circuit, Conant v. Walters, where associations of doctors and cannabis patients sued to protect the First Amendment right of healthcare practitioners to have frank conversations about cannabis, but it only applied in the Ninth Circuit. My thought was, we need that codified in every state—and for psychedelics, too.

The psilocybin permit model lets people make their own decisions about what feels right to them, after a health screening and an educational course. Some people feel safer with a licensed healthcare provider, and that should be an option. Others may want to sit with a community. And others may prefer a regimen of subperceptual doses or need to treat cluster headaches. 

The bill also creates optional support service providers who would be required to learn basic harm reduction practices, not to facilitate the experience but just support it. The bill allows a permit holder to sit during a psilocybin experience with somebody trained affordably on the basics, and it also creates a certification that allows for reporting ethical violations. But there are no service centers or in-person dispensaries creating zoning nightmares. 

This bill has been called “the most reasonable approach to balancing expanding access while keeping an emphasis on safety,” and that was exactly my intention. 

In May 2025, the NY Assembly's Health Committee will have its first ever hearing on psilocybin in connection with the multiple bills identifying different access frameworks. The chair of the Health Committee, Assemblyperson Amy Paulin, is the sponsor of the permit model bill.

For someone who feels called to work with these medicines in community but is understandably concerned about legal risk, what practical advice would you give them today?

Be well aware of the risks and responsibilities. There are criminal, civil, professional, custodial, and health risks, not just for someone who wants to consume it, but for the service provider. For a service provider, you are taking responsibility for someone else's life. Be very thoughtful about taking on that role and have accountability practices, such as with a group of people for feedback and ethical procedures. Look for ways to be mentored and to apprentice, but also realize it's still mostly illegal.

I'm grateful the opportunity to support the ways in which ceremonial practices and risk reduction services are defensibly legal. But these are pretty significant legal risks for most individuals, so you have to be both humble and brave to engage in this work. Get involved in advocacy and start normalizing these healthful practices to reduce stigma.

Looking ahead, Sacred Plant Alliance is uniquely positioned to effect change because it represents its members and addresses broadly the rights of religious individuals practicing with sacred substances in this space. If we challenge the DEA, we have standing on behalf of our members, like in the Conant cannabis case. SPA has been thoughtful and intentional, acting only in ways that are legal as a 501(c)(3) association of churches, which means we can be proactive. SPA has the potential to be incredibly impactful in defending the guaranteed right to religious exercise.

Want more from Allison?

Join the Sacred Plant Alliance, advocate for drug policy reform with New Yorkers for Mental Health Alternatives, or consult her law practice for support with psychedelic endeavors and nonprofits.

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DISCLAIMER: This newsletter is for educational and informational purposes only and is not intended as a substitute for professional medical advice. The use, possession, and distribution of psychedelic drugs are illegal in most countries and may result in criminal prosecution.