Eppur si muove -The Third Trial-

Attorney's statement of opinion

At the third trial held on September 7, 2020, the attorney asked the prosecutor questions in quick succession, which was an unprecedented development.

Tea has not been regulated as a drug

"This is the first case in Japan of ayahuasca and ayahuasca analog, which are beverages boiled from natural plants containing DMT."

Attorney Kikuyama listed cases that have not been regulated, even though the existence of plants and teas, including ayahuasca and DMT, has been known in the past. The following is a summary and supplement of Kikuyama's remarks by the author.

1. On June 16, 2006, the Ministry of Health, Labor and Welfare and the Tokyo Metropolitan Government entered Shibuya Ward to sell "illegal drugs" (so-called illegal drugs), that is, unapproved and unlicensed drugs under the Pharmaceutical Affairs Law. The inspection was carried out, and its destruction and discontinuation of sales were started. On July 28, the Ministry of Health, Labor and Welfare's Pharmaceutical and Food Safety Bureau Monitoring and Guidance and Drug Countermeasures Division called on-site inspections of "illegal drugs (so-called illicit drugs) that were imported and sold as plant specimens, incense, etc."The page has been uploaded. "Ayahuasca-related plants" are mentioned as plants that are the origin of illegal drugs (so-called illicit drugs).

"Illegal drug" was also called "illegal drug" or "legal drug", and the name was confused.[*1] According to the "Study Group on Countermeasures against Illegal Drugs"published on the ministry's website on November 25, 2005, illegal drugs (so-called illicit drugs) are "designated as narcotics or psychotropic drugs." It is defined as "a substance that is suspected to be harmful and similar to those, and is sold for the purpose of being abused by humans." In other words, the view is that "ayahuasca-related plants" are not regulated by the Narcotics or Psychotropics Control Law.

2. Before dawn on October 1, 2008, a fire broke out in downtown Osaka, and a man was arrested on suspicion of arson. The man was attending a Santo Daime service in Nara during the daytime on September 30th the day before. The Naniwa Police Station in Osaka Prefecture has detained his Imi tea from Santo Daime officials. It should have been tested for its ingredients, but it has not been investigated as a drug possessor since then. No fact-finding was found that the crime was affected by Daime Tea, and the arrested man was charged and tried, regardless of Santo Daime.

On October 27, 2008, the Ministry of Health, Labor and Welfare published a page entitled "About So-called Daime Tea, etc." It says that Daime tea contains DMT, which is designated as a drug, but regarding the tea itself, "Daime tea is part of what is called ayahuasca. Other than Daime tea. Please note that some ayahuasca have the same effect. " In other words, the view is that DMT itself is regulated as a drug, but tea containing DMT is not regulated as a drug.

"Therefore, the MHLW had the view that ayahuasca and ayahuasca analogs were not narcotics. But why and when did the MHLW change the legal interpretation of the Narcotics and Psychotropics Control Act? It has not been made public. Even if the Ministry of Health, Labor and Welfare has concluded that the ayahuasca analog is a drug at this time, the transition of its interpretation must be said to be extremely arbitrary and ad hoc. "

Ayahuasca religion from Brazil

At the time of the fire in 2008, a TV news program came to me for coverage. He was asked for his opinion as a researcher of Ayahuasca tea and Brazilian religious movements.

1. Santo Daime is a Catholic religious movement that started in Brazil in the 1930s, from which many groups such as UDV, Barquinha, and Umbandaimi were derived. The Brazilian government conducted a survey of these religious groups and was officially recognized as a religious corporation in the 1980s because of its high morale and no connection with antisocial organizations or anti-establishment movements. In particular, Santo Daime has spread among the intellectual classes in urban areas since the 1990s,[*2]、and has spread outside Brazil such as Europe and the United States, causing legal problems in each country. The actual situation of activities in Japan is not well known.

2. The "herbal tea" used by Santo Daime in worship is "Daimi" tea, which is a medicinal herb tea called Ayahuasca tea used by the indigenous peoples of the Amazon for religious ceremonies. Ayahuasca tea contains psycho-developing drugs such as DMT, which provokes a religious experience. Temporarily, the sense of daily space-time may be lost and normal judgment may be lost, but the effect ends in about 3 to 4 hours before the end of worship. Contrary to the violent aggression caused by alcohol, it creates a rather calm and peaceful sensation. Therefore, it is unlikely that the action of ayahuasca tea will cause a violent crime the day after taking ayahuasca tea.

3. Ayawasuka tea has been studied to improve psychiatric disorders in the neurotic area such as depression, but it may worsen psychiatric disorders in the psychiatric area such as schizophrenia. However, ayahuasca tea does not cause mental illness. If it was true that the suspect had arson in a state of dementia, it is likely that he had a mental illness before taking Ayahuasca tea.

I explained to the interview staff as above. The interview staff said the suspect is currently undergoing a psychological examination. After that, I heard that the suspect proceeded with the trial, saying that he was not in a state of dementia and had normal responsibility.

In Japan, it seems that Sebastian eclecticists and Umbandaimi derived from Santo Daime have been active since the 1990s.There is information that UDV is also active, [*3]but these groups do not disclose the information on the website etc., so it is not possible to know the exact actual situation. In Japan, Santo Daime and the religious groups derived from them do not have a unified organization and no unique church. No official comments have been announced regarding the fire incident in Osaka or the Aoi incident.

Conversely, the Herbal Society, which is based on nature worship and Buddhism, has nothing to do with the Christian religious movements of Brazilian origin. The types of herbs used are also different. Herbal Association tea is a combination of plants and medicines.

In Japan, Santo Daime is not a membership organization. "I'm a Daimista" is a matter of personal sentiment. For example, it is the same as saying "I am a Christian."

Individuals related to Brazil's Santo Daime are voluntarily worshiping in various parts of Japan, and it seems that these activities are repeatedly generated and extinguished and separated and gathered in a short period of time. This is a characteristic of Santo Daime, especially the Sebastian eclecticism, as well as Japan, and is also a characteristic of Brazilian religious movements.

There are several reasons why the whole picture of the Brazilian religious movement using Ayahuasca tea is not known in Japan.

First, conversely, it has not been cracked down by any incident. Its supporters are the middle class and are not associated with antisocial organizations or antisocial movements.

Secondly, the Ayahuasca religion does not engage in social activities such as building schools or conducting joint research with hospitals.

The third reason is that in Japan, unlike other Christian countries, the authority of the church is weak. Therefore, churches that use Ayahuasca tea have never been regarded as heretical and have not been a problem.

Abnormal prosecution and interrogation

Attorney Kikuyama's statement of opinion continued.

"In this case, a total of seven prosecutions have been filed. At least cases (5)-(7) do not appear to have any effect on sentencing. Repeating such prosecutions. It can be thought of as a strategy that causes the court to form a guilty plea of the accused and give him bad feelings, but since this is the first case of Ayawaska Analog, the prosecutor has no matter how factual it is. It should also be seen as an experimental prosecution to try which offense would be established.

In addition, the prosecutor was completely unaware of the International Narcotics Control Board's (INCB) view of the Convention on Psychotropic Drugs until his defense counsel pointed out after indicting the (1) case on April 6, this year.

Therefore, it can be seen that the prosecutor is gaining time to consider a re-argument against the defense counsel's allegations by continuing unjustified prosecution. Whether the prosecutor's intention to repeat prosecution is to form a guilty plea, experiment, or save time, the criminal procedure is a representative of the public interest because it severely restricts the human rights of the accused. Prosecution and proceedings that blame the prosecutor's duties should be strictly discouraged.

According to the accused, when he was being interrogated at the Kyoto District Public Prosecutor's Office on August 24, the prosecutor asked, "What kind of claim will you make at the next trial?" "What if you are acquitted?" It is said that the question was asked.

The accused has been asked the above question in isolation without the presence of a defense counsel, which may not only infringe the secret traffic right with the defense counsel, but also directly infringe the defendant's right of defense. It is an illegal and unjust act.

The prosecutor's unusual response, as described above, eloquently states that the case was not undertaken under sufficient investigation, and promptly acquitted the accused or abused his right to sue Therefore, the proceedings should be terminated immediately. "

The prosecutor, who represents the public interest, remains silent.

A lawyer asks a question and a prosecutor keeps silent. Is this a Copernican Revolution of the trial?

Defendant's counterargument to the prosecutor

Defendant Aoi argued that the prosecutor claimed that Ayahuasca analog tea was an extract of the drug DMT and was not part of the plant.

Tea is plants.

The prosecutor claimed that ayahuasca tea containing DMT is not plant, but trivially illegal substance in the light of common sense.

Are whales fishes!? Are bats birds!?

The strange questions of the defendant was out of place in the court.

The judge giggled.

The defendant did not stop making the statements. He was arrested on 3rd March. He could not stand because he had been waiting for half a year.

He was always shy and playful, but he threw up his right arm up with anger. I have never seen him such eloquent.

Is the ground a star!?

The lights that shine in the night sky are called stars. The ground at your feet is trivially not a star. The stars trivially move, but the ground does not move trivially. You (single) may thing this in the light of common sense.

Galileo, who said the earth moves, was charged.

The prosecutor, who charged Galileo, said that if it takes 24 hours for the earth to rotate once, the ground would be moving at 1600 kilometers per hour [*4].

The prosecutor said over and over again that it was trivial that the ground did not move in the light of common sense, therefore that it was trivial in the light of common sense. Finally, Galileo admitted what the prosecutor said.

The prosecution sought life imprisonment to him.

It is said that the ruling was under house arrest for life, because three out of ten judges expressed minority opinions that confessions were not physical evidence.

It was three hundred years later that the Pope John Paul Ⅱ declared that Galileo was innocent in 1992.

The earth is a star. The ground is a star.

The telescope invented by Galileo made the science progressed.

If I admit now in the court that the tea is an illegal substance as the prosecutor has said, I will be guilty. But that would go against the 300 years of scientific progress.

The whole body of the defendant was full of dopamine and adrenaline.

I looked at my watch.

The judge with siver-gray hair looked confused, but no longer stopped him.

I heard from the prosecutor that a trial is performed based on scientific argument.

The problem here is the distinction between the subjective and cultural "Umwelt" and the scientific and objective "Umgebung", the environment[*5].

Usually, we live in the common sense world called Umweld in biology.

Both acacia trees and mushrooms containing psilocin and psilocybin are usually called plants. Taxonomically, mushrooms are classifyed as fungi, not plants. However, they are designated as plants under the Narcotics and Psychotropics Control Act.

According to convenience classification, moving creatures are animals and non-moving creatures are plants.

Usually, tea is not called a plant. Tea, milk and water are called drinks. This is because it is good to think (bon à penser).[*6]

Both you (single) and I look at the world through each colored glasses called common sense, Umwelt. Each person lives in each Umwelt, the world give rich meaning to each person.

But this is a trial. Trial is an intellectual sport of interpreting the law. Both you (single) and I need to take off the colored glasses during this game.

Chromatography is the result of progress in science. We have also developed a technique for isolating molecules.

Analyzing the acacia tree using chromatography reveals that it contains DMT, water, and many other substances. Analysis of the tea made from the acacia tree also reveals that it contains DMT, water, and the same substances. Since they contain the same substances, they can be identified as the same species.

Because tea is just boiling water and putting plants in it.

Analysis of human urine reveals that it contains DMT, water, and many other substances.

When analyzing pure water, only water molecules are detected. Analysis of purified DMT crystals reveals only DMT molecules.

Scientifically analyzed, both the acacia tree and the tea made from acacia are plants or parts of the plants. Acacia trees, tea made from acacia, human body, and human urine are living things or parts of living things. But water is water. A DMT molecule is a DMT molecule. H2O is not a living thing. DMT is not a living thing.

Hence, tea is plants.

The prosecutor said there was no need to answer.

The judge looked into the prosecutor's face. I supposed that the judge wanted to say to her if she keeps silence, she will lose this game.

She seems frustrated.

The judge declared the rising of the court.

The defendant and I left the court.

The typhoon had passed. The squall is gone. And the sun is back.

Even in September, Kyoto is still hot.

The defendant and I walked silently. The reflection light from the paved road was strong.

We went down to the river side from the stairs of bridge.

Glistening water flows and a cool breeze blows.

The defendant stopped.

"Look down at your feet" He said.

I also stopped and looked down at my feet.

There was the ground under our feet.

"And yet the ground moves[*7]." He smiled.

There was the earth under our feet.

Evaṃ mayā śrūtaṃ - Thus have I heard.

This essay is based on an an actual case. Original text is written in Japanese. English text is powered by Google translate.

*1:In July 2014, the Ministry of Health, Labor and Welfare published a page entitled "We have selected a new name to replace" illegal drug "" and expressed the view that the name will be unified to "dangerous drug".

*2:Hirochika Nakamaki. (1992). "If you don't drink tea, you will not be able to have hallucinations-the epidemiology of hallucinations in Brazil-" Tsuneya Wakimoto, Keiichi Yanagawa ed. "Contemporary Religious Studies (1) Approach to Religious Experience" 31-59, University of Tokyo Press.

宗教体験への接近 (現代宗教学1)

宗教体験への接近 (現代宗教学1)

  • 発売日: 1992/06/20
  • メディア: 単行本
Although infectious disease-like metaphors such as "epidemiology of hallucinatory religions" are somewhat inappropriate, this treatise is a good source of information in Japanese about the Ayahuasca religious movements in Brazil, and my knowledge is also in this book. I have a lot to bear.

*3:Coe, M., McKnnna (2016). The Therapeutic Potential of Ayahuasca | SpringerLink

*4:The speed of rotation is twice the speed of an airplane. It takes 24 hours from Brasil to Japan - around the earth halfway - by an airplane which flies 800km per hour.

*5:Jakob von Uexküll & Georg Kriszat Streifzüge durch die Umwelten von Tieren und Menschen 1934

*6:L´evi‐Strauss, C. (1962). Le Totémisme aujourd'hui.

*7:""Eppur si muove" or E pur si muove" Baretti, Giuseppe (1757). The Italian Library. Containing An Account of the Lives and Works of the Most Valuable Authors of Italy. With a Preface, Exhibiting The Changes of the Tuscan Language, from the barbarous Ages to the present Time, 57.

Tea and Zen are of One Taste - The Second and Forth Trial -

At the second trial held in July 2020, the following questions and answers were exchanged.

The prosecutor insisted. "At the time of the arrest on March 3, 2020, DMT was detected in the urine of the accused, but not in the urine of May and June. This is because the accused was in February. Consistent as physical evidence of application of tea containing DMT on the 26th. "

The lawyer argued. "DMT taken from outside the body is rapidly metabolized when used in combination with MAOI. Within approximately 12 hours, the concentration of DMT excreted in the urine distinguishes it from the range of variation in the concentration of endogenous DMT. Even if the accused's statement that he applied tea on February 26 was true, the fact that DMT was detected in the urine of the accused six days later means that the accused applied tea at the tea party. It's not physical evidence of what you've done. "

Attorneys' counterarguments in criminal trials are sometimes sophistical claims. However, trials emphasize physical evidence rather than statements.

Most drug crimes in Japan are abuses of the stimulant methamphetamine. Methamphetamine is not biosynthesized in the body and is excreted in urine at a detectable concentration for about a week after being taken into the body. Therefore, I presume that the Kyoto Prefectural Police acted as officially, saying that drugs = stimulants = arrested in about a week and the evidence was suppressed.

Defendant Aoi responded to the prosecutor's point as follows.

I admit that I drank Mimosa Tenui Flora tea at my friend's house on February 26, 2020.

However, as alleged so far, the fact that tea is an "aqueous solution containing the drug DMT" is at stake.

I don't know if the tea I drank at that time really contained DMT. Usually, tea contains DMT only by feeling DMT sickness.

And by training, I was able to synthesize DMT in my brain and get drunk without having to drink tea. So when asked if tea contained DMT, I'm not sure.

At the time of the interview, Aoi said that a meditation method called "pineal gland training" enabled him to biosynthesize endogenous DMT on his own. Even if you feel the action of DMT, the action of extrinsic DMT derived from tea and the action of endogenous DMT derived from meditation cannot be distinguished as long as they are the same action of DMT.

In other words, this is the "Chazen gang."

The prosecutor turned out to be frustrated.

He is afraid that he does not understand what endogenous DMT is, or he may have been afraid of it because he knew that the disciplinary action for a government official who had drugs in his brain was dismissal [*1].

A person who has never biosynthesized DMT in the brain should first throw a stone at the accused. [*2]

Furthermore, at the 4th trial held in October, the following questions and answers were exchanged.

The prosecutor insisted. "If DMT can be synthesized in the body, there should be no need to make tea and take it from outside the body."

Defendant Aoi responded to the prosecutor's point as follows.

This opinion is very similar to the argument that the realm is the realm of meditation and years of Zen practice, and that the world that is easy to reach with psychedelics is fake.

DMT is secreted in large quantities to protect brain cells and maintain vital function when the brain becomes moribund under hypoxia. It will be experienced as a near-death experience. In other words, in order to biosynthesize a large amount of DMT on your own, you have to put a heavy load on your body and mind.

In addition, religious people have repeatedly alerted us to the dangers of Zen illness, makyo, and spiritual emergencies, or accidents called spiritual crises, during the course of Zen and meditation. During the course of training, we often fall into mental modulations such as physical modulation, hallucinations and delirium, and illogical thinking.

Drinking tea allows you to experience the same territory as someone who has been practicing meditation and Zen for decades for only two hours and then return to normal consciousness. It will not interfere with the subsequent social life at all.

Of course, meditation and many years of Zen training may lead us to a deeper level, and we respect our predecessors who have practiced such practices.

But right now, those who are mentally distressed cannot afford to practice for decades to come.

I have been working with the belief that it is useful for people to have a culture of drinking tea and having a psychedelic experience with safety in mind.

Theravada Buddhism, which began in India, is a self-help and difficult teaching that one must meditate in order to get rid of the hesitation. This is the correct theory. However, for many ordinary men who are lost in worldly desires, such meditation practice is almost impossible.

After that, a religious reform called Mahayana Buddhism took place. Mahayana Buddhism developed the teachings of other powers and easy practices, calling Theravada Buddhism "Hinayana Buddhism" and criticizing it. "Hinayāna" means "small vehicle" that can save only a few people, and "Mahāyāna" means "big vehicle" that can save many people. is there.

At the first trial, Aoi likened his activity to a "bodhisattva." Bodhisattva is a concept of Mahayana Buddhism, and although it is already possible to get rid of the hesitation, it dares to stay in this world and help those who are lost to get rid of it.

In other words, the tea master is a bodhisattva, and the tea ceremony is a bodhisattva.

Copyright 04-04 2021/2564 (C) Tatsu Hirukawa

Why DMT?

The same substance is biosynthesized in animals and plants

DMT is an indole alkaloid that has similar structure to serotonin and is a neurotransmitter with a common structure that acts on 5-HT receptors. This similarity is like dopamine and noradrenaline.

However, it is peculiar in that the same substance is biosynthesized in the body of animals and the body of plants. DMT, which is biosynthesized in the animal body, functions as a neurotransmitter, while indole-3-acetic acid, which is excreted in urine as a metabolite, functions as plant growth hormone.

On the other hand, DMT, which is biosynthesized in the body of plants, is contained in the leaves of oranges, for example, and has a repellent effect on insects as predators. The seeds contained in the fruit eaten by the predator animal are spread together with the excrement that serves as a nutrient. Here, animals are the "extended phenotype" of plants. If the DMT contained in the fruit provides some reward for the predator animal, it may also be a coevolution of the plant and the animal.

Glutamic acid also functions as a neurotransmitter, but it is a more common amino acid.

DMT is a unique substance in that it is a neurotransmitter as well as a psychedelic drug. In hypoxia, it acts on the sigma-1 receptor, causing transcendental mystical experiences such as near-death experiences.

The exogenous substance and the endogenous substance are the same

A substance contained in plants has a psychotropic effect, and later, a receptor on which the substance acts is discovered, and then, substances acting on the same receptor is discovered in the brain. This in itself has been repeated in the history of science.

For example, a neurotransmitter that acts on morphine receptors contained in poppies was also found in the brain and was named endogenous morphine, or endorphin. However, endorphins and morphine have completely different structures.

Similarly, a neurotransmitter that acts on the cannabinoid receptors in cannabis was discovered and named anandamide. However, anandamide and cannabinoid also have completely different structures.

DMT is found not only in Amazon's chacruna, but also in many plants such as acacia, mimosa, orange, and lespedeza bicolor, and acts on 5-HT receptors. The neurotransmitter that acts on 5-HT receptors is 5-HT (serotonin), but DMT itself is also an endogenous neurotransmitter that acts on 5-HT receptors.

Is "drug in the brain" "possession" of "drug"?

Although DMT is regulated as an illegal drug, is it "manufacturing" and "possessing" a "drug" because it is also biosynthesized in the human body? This reveals the fundamental strangeness of the legal system in which possession of substances that act like neurotransmitters is a crime.

For example, the stimulant, methamphetamine, is a regulated drug, but it is artificially synthesized. It does not exist in the body unless it is ingested from outside the body. If metaamphetamine is detected in urine, it means that the person has applied metaamphetamine. However, even if DMT is detected in urine, it cannot be determined whether or not it was ingested from outside the body. This is because endogenous DMT is biosynthesized in the human body.

Another example, cocaine is a regulated drug extracted from a plant called cocaine, but coca plant which contains cocaine is also regulated as a Plant Containing a Narcotic Raw Material under Japanese law. However, cocaine is not biosynthesized in the human body.

However, although DMT is an illegal drug, even though many plants, such as oranges, which are commonly consumed as food or drink, contain DMT, those plants are not regulated as narcotic raw plants under Japanese law. Tea, which is an intermediate form between legal plants and DMT, illegal drug, is subject to regulation is not clearly stated in the Japanese Narcotics and Psychotropics Control Act. Does it mean the tea is legal?

The First Trial

Kyoto, Japan.

8th June 2020 in Christian Era, or 2563 in Buddhist Era.

Kyoto District Court is built facing the south gate of the Kyoto Imperial Palace.

I entered the court.

It is prohibited to record in the court.

The judge declared the sitting of the court.

He was an older gentleman.

The prosecutor made the opening statement.

He was a young, up-and-coming prosecutor.

"The defendant had a tea ceremony in Kyoto. The tea that the defendant made was not the tea of ​​Camellia sinensis, but the tea of ​​Acacia confusa and Mimosa tenuiflora, so-called ayahuasca analog. This tea is an aqueous solution of 3, 2, dimethylamino, ethyl, indol, or DMT. Violation of Narcotics and Psychotropics Control Act, Article 66, Paragraphs 1, 2, Article 67, Paragraph 2, and Article 27, Paragraph 1.

The accused received an order and payment for a set of "Medi-Tea" from a college student through the site around July 3, 1945. The accused, knowing that he would manufacture an aqueous solution containing DMT, that is, an aqueous solution containing DMT, using "Medi-Tea" purchased by a university student as a raw material and apply it, told the university student "Medi-" around the 4th of the same month. In addition to the set of "Tea", we sent out a document that describes "Illustration! Successful clarification method" that describes how to produce an aqueous solution containing DMT. The university student received the "Medi-Tea" etc. sent by the accused from the same day to the 16th of the same month, and from the same day to the 17th of the same month, according to the document, about 600 aqueous solutions containing DMT. Manufactured milliliters.

Then, around the 23rd of the same month, the university student drank a part of the DMT-containing aqueous solution and applied a drug to the same person in Kyoto Prefecture with a friend. The friend called an ambulance shortly after a college student began to suffer from flapping limbs. On the 24th of the same month, police officers seized urine stored in the hospital where college students were transported. As a result of the appraisal, DMT was detected in the urine of college students. A college student told the investigative agency that the ordering party for "Medi-Tea" etc. was the Internet site "Medicinal Herbs Association", and it was discovered that the drug was manufactured and applied.

On March 3, 2nd year of Reiwa, the accused kept one tea cup and three PET bottles in a DMT-containing aqueous solution in a freezer and carried them with the accused in Mie Prefecture. On March 3, the same year, a police officer carried out a search and seizure on the accused based on the search and seizure permit issued for the above two cases, and the crime, that is, possession of a drug, was discovered. As a result of the appraisal, the total amount of DMT-containing aqueous solution possessed by the accused was approximately 858.774 grams. "

The lawyer made a statement of opinion.

He was a young, up-and-coming lawyer.

"The prosecutor claimed that The tea made from Acacia confusa and Mimosa tenuiflora is an aqueous solution of the DMT. However, The tea is plants or the parts of the plants, which is excluded from the definition of narcotics in Narcotics and Psychotropics Control Act, Appendix 1., No. 76, b[*1].

If an aqueous solution containing DMT is controlled narcotics, aqueous solutions of plant containing DMT, such as hagi tea, orange juice, or even human body fluid are also controlled narcotics. It must be exceedingly irrational interpretation of the law. It is against the principle of clarity and against nulla poena sine lege of Article 31 of the Constitution[*2] when only The Tea made by the defendant is a controlled substance. Therefore, it is unconstitutional to punish the defendant.

DMT is internationally controlled under the Convention on Psychotropic Substances of 1971[*3]. And Japanese government has ratified this international Convention. Also, when Santo Daime filed a lawsuit in the Netherlands in 2001, the International Narcotics Control Board expressed the view that no plants or other natural materials containing DMT were controlled under the 1971 Convention, consequently, preparations, for example decoctions made of these plants, including ayahuasca were not under international control[*4]. If the prosecutor thinks that this view of INCB has to be changed, she has to provide a basis.

The tea made by the defendant has the same properties as ayahuasca tea, which is used for religious ceremonies by the indigenous people of the Amazon, and ayahuasca tea is a national heritage of the Republic of Peru. Even if The tea made by the defendant is an illegal substance, The Tea ceremony is a serious "one-time-one-meet" religious ritual. This is a legitimate act stipulated in Article 35 of the Penal Code[*5], and illegality is blocked."

Next, the judge asked the defendant to dismiss the charge.

"You have the right to remain silent. You have the right not to say what you do not want. However, everything you say here will be kept as the record of the trial. Do you understand it?"

"Yes, I do understand it."

And then, the defendant smiled and stood up. He seemed like an otaku geek from a manga comic world, rather than a boss of yakuza mafia dealing drugs.

Of the facts of the complaint, I admit that I was running the Internet site "Associação das Ervas Médicas".

I don't know if college students made tea by adding hot water to the DMT-containing acacia konfusa root bark, or if they drank the tea, because they haven't seen it directly.

However, there is a dispute that the tea brewed and drunk in this way is an "aqueous solution containing the drug DMT." Acacia tea is not a drug.

Second, I admit that I had about 858.774 grams of aqueous solution at home on March 3, 2nd year of Reiwa.

However, there is a dispute that the aqueous solution is an aqueous solution containing the drug DMT.

This is a criminal trial. To say that you are fighting means not to admit or reflect on your charges. There is no suspended sentence in the judgment beyond that. Not guilty or only imprisoned. This is an unusual case.

It's hard to live somewhere and I want to be saved, but I don't know the cause or method. As a result of these people groping in the dark, they arrive at an unidentified dangerous drug, resulting in substance abuse. I think so.

However, I discovered ayahuasca tea, which is harmless, drunk, and not illegal, and started a movement to spread it. It works effectively as a harm reduction for drug abusers and as a foolproof for drug seekers.

Ayahuasca tea has been used by indigenous peoples of South America in their natural religion tradition. It is the art of drinking tea, actively controlling the altered state of consciousness, interacting with spirits, re-recognizing the world, and healing the mind.

I was also saved by this kind of art. Those who are saved in search of salvation will also save others. The other saved in this way saves yet another.

This is the mercy of the Bodhisattva, Bodhisattva, which Buddhism preaches. This practice of mind has blossomed and bears fruit as an activity of the "Medicinal Herbs Association". This is a movement to preach the correct way of training to those who are lost in life and to chain the mercy that was born in that way.

This cannot be guilty.

The arraignment was over and the accused was seated.

The judge declared the rising of the court.

The defendant was handcuffed and taken out of court.

From the audience, a slender woman dressed in a mauve blouse stood up. And she followed him. Audiences cannot cross the fence that separates the audience seats.

She clasped the fence with her hands and cried regretfully.

Evaṃ mayā śrutaṃ - Thus have I heard.

30-09-2020/2563 (C) Tatsu Hirukawa
18-03-2021/2564 Last Revised.

*1:According to No. 76, the last of Appended Table 1, "substances containing any of the substances set forth in the preceding items, other than Opium; provided, however, that the following items are excluded: (b) plants (including plant parts) other than Plants Containing a Narcotic Raw Material. See "Narcotics and Psychotropics Control Act"

*2:"Article 31. No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." See The Constitution of Japan.

*3:INCB Psychotropics - 1971 Convention

*4:See http://www.moishv.com/works/helpcenter-iceers-org/docs/legalSupport/INCB_Fax_Ayahuasca_Dutch_Health_Ministry.pdf

*5:Penal Code. Article 35 (Justifiable Acts) An act performed in accordance with laws and regulations or in the pursuit of lawful business is not punishable.

Ayahasca as Tea Ceremony

In 2008, when I was interviewed for a news program, I heard from an acquaintance that he had participated in a Santo Daime service in Nara. When I went to see him, he showed me the chant collection used in worship. In addition to the Portuguese songs such as St. Michael, which were often heard in Brazil, Japanese chants were added.

I was interested in worship in Japan, but he said that there was no activity in Nara anymore. It was not cracked down and banned. There is no membership-based organization called Santo Daime, and the activities are left to the discretion of the individual, and it is said that the activities are repeated in a rhizome-like manner in various parts of Japan. The same is true in Brazil.

Religious groups in Japan have a strong image of being closed and antisocial, but Brazil is different. Small religious groups are diverging and integrating, creating and disappearing. Going in and out of meetings of various religions has become a part of everyday life. That freedom and forgiveness is the spirit of Brazil.

Four years before that, I became a disciple of the Urasenke master and studied the tea ceremony and the Zen Buddhist ideas behind it. The teacher was an avant-garde young man, and he was asked to hold a tea ceremony called "Wabi-Ayahuasca" in Japan, but I refused. It's not a matter of law. To be able to serve Ayahuasca tea to guests, you need a pottery with a certain personality.

At this time, I was writing an essay on the tea ceremony, anthropologically discussing it from the perspective of ceremonial use of medicinal herbs such as Japanese tea ceremony, South Pacific Kava tea, or South American mate tea and Ayahuasca tea. It is. The following is an excerpt from a essay published in Japan in 2009[*1].

The ayahuasca tea used by the indigenous peoples of the Amazon for therapeutic rituals was replaced in the context of African workers and became a liberation theology. Among the Ayahuasca tea-based religious groups, Santo Daime is associated with the Indian-Buddhist boom that was widespread among the middle class in big cities such as São Paulo, in contrast to Barquinha being limited to the Amazon area. It becomes strongly tinged with the meditative color of "staring". Furthermore, it is expanding worldwide, starting from that point and expanding toward Europe, the United States, and Japan.

It is also symbolic that Santo Daime of Japan is active mainly in ancient cities such as Nara and Kyoto[*2]. The potential of Brazilian culture with unscrupulous diversity and forgiveness enables the creation of these new cultures.

The original Portuguese version of Santo Daime's chant has about 150 songs, but the Japanese version has about 20 original songs added.

In spring, the light shines and the flowers open
New life melts snow
Hot chest and hot feelings in summer
Burning that sky
Love and light are abundantly fruitful in autumn
Can be shared with everyone
Let's die quietly in winter
Snow piles up

(Santo Daime Japanese version of chant No. 5 "Spring, Summer, Autumn and Winter" by Shavdo)

The transformation from the vertical dynamics of Archangel Michael, who fights for righteousness, to the Japanese sensibilities of feeling the providence of the world in the horizontal cycle of the four seasons. The image of swirling vivid colors associated with the word "psychedelic" has been completely abstracted, and the aesthetics of "wabi" and "sabi", which are like Zen paintings, are beginning to sprout here.

The person with the name of Sanskrit, the god of sound that appears in Shavdo-Veda, is said to be traveling to India at one time, Japan at another time, and Brazil at another time, playing the shakuhachi. The shakuhachi is a wind instrument made from bamboo that came to be used in medieval Japan, and is a symbol of a komuso that echoes a lonely tone. Komuso, that is, "the monk of" nothing "" is a Zen monk of the Fuke-shu[*3]. who was traveling around the world while dihutanga, and sometimes Komuso also wrote poetry.

In modern Japanese culture, traditional Zen and Buddhism do not have as much influence on people's spiritual lives as Westerners imagine. Buddhist temples are tourist destinations and cemeteries, especially for those who live in cities. Therefore, I was surprised that Aoi, a younger generation who should have grown up unrelated to Buddhism, said that his activity was Buddhism, especially Rinzai Zen.

However, at present, Buddhist ideas derived from Indian philosophy are Americanized via East Asia, permeate the urban areas of Brazil, and are reimported to Japan. I am also a generation who became interested in reimported Buddhist thought and Indian philosophy.

To cross-examination of witnesses
The Kyoto Ayahuasca Tea Party case is an unprecedented trial, and its outlook is unclear. If the Kyoto District Court convicts him, Aoi says he will appeal to the Osaka High Court. Also, if the Kyoto District Court finds it innocent, the prosecution will appeal to the Osaka High Court. If no conclusion is reached there, it will be contested at the Supreme Court in Tokyo.

At trials after April, witnesses will be cross-examined by both the prosecution and the defense.

If the court orders me to appear as an expert witness, I will testify that the Ayahuasca Tea Party is a serious religious act.

Ayahuasca tea has been used for religious ceremonies by indigenous peoples in the upper Amazon basin and has not been used as a daily luxury item. In Brazil, it has been trained with Catholics, and the application of ayahuasca tea is legally used only in government-sanctioned churches and has nothing to do with antisocial organizations.

At his first trial, Aoi claimed that the Ayahuasca Analog Tea Party was a practice of natural religion and also a bodhisattva in Mahayana Buddhism. This corresponds to the fact that Japan's religious climate is a syncretism between nature worship as a base culture and Mahayana Buddhism transmitted from India through China. And this Japanese religious culture is similar to the indigenous society of the Amazon, and there is a parallel relationship between nature worship as a base culture and syncretism with Catholicism transmitted from Southern Europe.

Also, in his interview, Aoi told me that his idea of ​​the tea ceremony was Rinzai sect. Tea ceremony is a ritual practice developed in Japan based on the idea of ​​the Rinzai sect.

If asked what tea is, at the testimony stand, I would like to say that tea is a very simple and sincere once-in-a-lifetime meeting.

What tea is, boiling water, putting plants, drinking it.

24-03-2021/2564 (C) Tatsu Hirukawa

*1:Tatsu Hirukawa. (2009). "Tea Ceremony of the Dense Forest" edited by Sogo Kurokawa "Recommendation of the New Tea Ceremony".

However, the second lyrics omitted in the previous essay due to the limitation of the space are also included.

*2:I heard that an Ayahuasca tea party was being held in Kyoto (regardless of Defendant Aoi), but I also heard that it has a connection with Peru. If so, it is a separate activity from the Brazilian religious movement.

*3:It is a sect differentiated from the Rinzai sect, and is derived from the trickster, Puhua, of the same period as Rinzai. For details, refer to "Linji Yixuan".

Caso da Ceremônia d-O Chá Ayahuasca en Kyoto - O Primeiro Julgamento para a Planta DMT no Japão -

O que é chá, ferver água, colocar plantas, beber o chá.[*1]

- Sen no Rikyū[*2]

This essay is temporary written in English. These texts will be translated to Portuguese.


Bodhisattva - The First Trial[*3]

Author's point of view[*4]

Kyoto DMTea Ceremony Case[*5]

Kyoto DMTea Ceremony Case -Time series of events-[*6]

Issues in the Kyoto Ayahuasca Tea Ceremony Trial[*7]

Saudade do Brasil - My Voyage -[*8]

Everything has Nothingness - The First Interview -[*9]

Drunk Days, Dream Death - The Second Interview -[*10]

Why DMT?[*11]

Tea and Zen are of One Taste -The Second and Fourth Trial -[*12]

E pur si Muove -The Third Trial -[*13]

Fifth and subsequent trials[*14]

Ayahasca as Tea Ceremony[*15]

This is an essay based on actual case. English texts are powered by Google translate.

I am writing this manuscript in Japanese, and I am translating these texts into English by myself - powered by Google translate -. I have the copyright of these texts written in Japanese and English . These texts will be translated into Portuguese.

Copyright 16-09-2020/2563 JST
Last Revsed 03-04-2021/2564 JST
(C) Tatsu HIrukawa

*1:Centro de Chado Urasenke do Brasil. Rikkyu Hyakushu - 100 Poemas de Rikkyu - Rikyu Doka.

*2:1522-1591, the founder of tea ceremony in Japan.

*3:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*4:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*5:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*6:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*7:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*8:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*9:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*10:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*11:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*12:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*13:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*14:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.

*15:This text is not be ready to translate to Portuguese. Under construction for delete redundant parts.