- 0, DMT in urine-is it derived from tea?
- 1, Definition of narcotics-Is tea a drug?
- 2, Criminal statutory principle-Is it possible to crack down on the tea of the Herbal Association?
- 3, Legitimate act-Is the tea ceremony a serious religious act?
- Author's consideration
0, DMT in urine-is it derived from tea?
Urinalysis of Defendant Aoi
- At a tea ceremony held on 26th February 2020, Defendant Aoi stated that he took mimosa tea with moclobemide.
- On 3rd March 3 2020, when Aoi was arrested, Aoi's urine was collected. As a result of the analysis, DMT was detected in urine.
- On 18th May 2020, Aoi's urine was collected during Aoi's detention. As a result of the analysis, no DMT was detected in urine.
- On 19th June 19 2020, when Aoi was re-arrested, Aoi's urine was collected. As a result of the analysis, no DMT was detected in urine.
Prosecution's claim
- The detection of DMT in the urine collected on 3rd March is evidence that Aoi applied mimosa tea at the tea party on February 26.
- No DMT was detected in the urine collected on 18th May and19th June supporting the above reasoning.
Defense counterargument
- Intrinsic DMT is biosynthesized in the human body and excreted in the urine.
- Even when humans take DMT with the MAOI moclobemide, most of it is metabolized within 12 hours, after which the amount excreted in the urine is indistinguishable from endogenous DMT.
- Therefore, even if DMT is detected in the urine collected 6 days after taking mimosa tea, it does not provide physical evidence that Aoi took mimosa tea.
Prosecution's counterargument
- If DMT is synthesized in the human body, it should not be necessary to take DMT from outside the body.
Defendant Aoi's counterargument
- Long-term meditation practice is required for humans to biosynthesize sufficient amounts of DMT.
- People who are currently suffering cannot afford long-term meditation practices. Therefore, it is necessary to take DMT from outside the body.
1, Definition of narcotics-Is tea a drug?
Prosecution's claim
- Mimosa tea is a drug extracted from DMT, which is a drug contained in mimosa, with water.
- Aoi manufactures tea to enjoy the benefits of DMT, which is intentional, not negligent.
Defense counterargument
- DMT is a drug regulated by the Narcotics and Psychotropics Control Law.
- But mimosa is not a drug-based plant regulated by the Narcotics and Psychotropics Control Law. Therefore, mimosa is not a drug.
- Mimosa tea is a mixture of a part of a plant called mimosa with water, not an extract of a drug called DMT. Therefore, mimosa tea is not a drug.
- Even if a part of the plant containing the narcotic component is dissolved in water, no chemical change has occurred, so it is written in "Large Commental" https://hirukawa.hateblo.jp/entry/2020/09/06/ 164502 # Definition of drug manufacturing: title = Definition of drug manufacturing does not apply.
- DMT is regulated by an international treaty, and the Government of Japan has ratified this international treaty.
- The international treaty does not state that plants containing DMT or plant tea containing DMT are regulated.
- INCB (United Nations Narcotics Control Board) said https://hirukawa.hateblo.jp/entry/2020/09/06/164502 #Plants and tea are not controlled by international treaties: title = From plants containing DMT The view that the tea produced is not controlled by international treaties.
2, Criminal statutory principle-Is it possible to crack down on the tea of the Herbal Association?
Defense claim
- DMT is found in many plants.
- DMT dissolved in water is distributed and taken (to enjoy its medicinal properties).
- Citrus oranges and lemons, including DMT, dissolved in water are widely distributed as juices, but have not been cracked down as narcotics.
- Hagi tea, which is made by dissolving Yamahagi containing DMT in water, has traditionally been taken and has been recognized as an effective drug for neurosis and gynecological diseases, but it has not been cracked down as a drug.
- Ayahuasca tea, including DMT, is used by religious groups of Brazilian origin, but has not been cracked down as a drug.
- If you are only cracking down on acacia and mimosa teas produced by Aoi, you should explain why.
- If, for no reason, only the tea produced by Defendant Aoi is cracked down, it is unconstitutional, contrary to the principle of clarity of the criminal statutory principle stipulated by the Constitution.
3, Legitimate act-Is the tea ceremony a serious religious act?
Defense claim
- Defendant Aoi held a tea ceremony not for entertainment purposes but for the purpose of healing people suffering from mental disorders based on spiritual worship and Buddhist ideas.
- Plant teas, including DMT, such as ayahuasca tea, have been used by indigenous peoples of South America for therapeutic rituals and have not been used for recreational purposes.
- Ayahuasca tea improves mental illness.
- Ayahuasca tea improves treatment-resistant depression.
- Ayahuasca tea improves suicidal ideation.
- Ayahuasca tea has no dependence. Conversely, it improves addiction to ethyl alcohol and cocaine.
- Ayahuasca tea has no harmful side effects.
- Even if Ayahuasca tea is illegal, Aoi's act is a serious religious act. This is a legitimate act stipulated by the criminal law, and illegality is blocked.
As of March 2020, the prosecution has not made a clear counterargument regarding the issues 0 to 3. In particular, it has been nine months since the defense counsel insisted on 1-3 at the first trial held in June 2020.
Author's consideration
The author wants to consider this case from an academically fair standpoint. However, I have to think that there are many mistakes in the reason why the prosecutor charged Aoi. Also, the fact that the prosecution does not make a logical counterargument to most of the defense's allegations is that, in effect, most of the defense's allegations are acknowledged, that is, the prosecution's allegations are incorrect. I have to think that it is equivalent to admitting that.
This is my reasoning and is not necessarily the same as the defendant's or defense counsel's allegations.
About urinary DMT
- The prosecutor may have misunderstood DMT as a substance similar to the stimulant methamphetamine.
- Most of the controlled drugs abused in Japan are methamphetamine.
- Methamphetamine is excreted in the urine for about 10 days after taking it.
- The prosecutor may not have known that DMT is synthesized inside the human body.
- If so, the prosecution is wrong.
About the definition of narcotics
- Whether or not to regulate tea as a drug should be stipulated by law.
- The Japanese Narcotics and Psychotropics Control Law does not regulate plants other than narcotic raw materials.
- The Japanese Narcotics and Psychotropics Control Law does not mention tea made from plants other than narcotic raw materials.
- There is no precedent for such tea.
- Domestic law can be regulated more stringently than international treaties and their interpretations.
- Therefore, the judgment of whether tea is legal or not can only be left to the judgment of the judge.
About criminal statutory principle
- As the defense argues, there is no reason why only Aoi's tea is regulated.
About legitimate acts
- It is difficult to judge whether Aoi's tea party is a serious religious act. The Herbal Association is not licensed as a religious corporation.
- Ayahuasca tea has been used exclusively in religious ceremonies in indigenous peoples of South America and religious movements of Brazilian origin. If Aoi's tea party was held based on this culture or Buddhist thought, it would be a religious act.
- Especially in Brazil, ayahuasca tea is legalized only for use within the facilities of licensed religious groups. However, there are no such laws or precedents in Japan.
- Even if Ayahuasca tea improves mental illness, treatment is not justified because Aoi is not a doctor.
15-03-2021/2564 (C) Tatsu Hirukawa
19-03-2021/2564 Last Revised.
