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, 2019. 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.
