This is the first case of ayahuasca tea in court in Japan. (This text is under construction.)
CASE 1
In July 2019, a college student in Kyoto, Japan, who may had been suffering from treatment resistant depression,
He wanted change his worldview and planned to have safely a near-death experience by chemical substances.
First, he tried DXM instead of ketamine (illegal in Japan), but no significant effect.
Then, he bought some roots of Acacia confusa of "Medical Herb Association" via internet. He made a cup of tea from acacia roots containing DMT (N-N, dimethytriptamine), and drunk it with mocholobemide as monoamine oxidase inhibiter, that is so called ayahuasca analogue.
Only three hours after he took the tea, he had sudden enlightenment that the meaning of life is forgiveness, and he understand that he understand that he understand that he understand ... the structure of world is recursive.
A friend with him couldn't understand it, and was so surprised that called an ambulance. And then, the student was arrested.
Since he was only 18, the case is protected in Kyoto Family Court.
CASE 2
In March 2020, Aoi Glass (pen name) who was running "Medicinal Herb Association", was arrested. The root of Acacia confusa contains DMT (dimethyltryptamine), which is regulated as a "narcotic drug," and in May 2020 Suspect Aoi was charged with "violating the Narcotic and Psychotropic Drugs Control Act."
In June 2020, the first trial was held at the Kyoto District Court. Aoi says that making tea from ordinary plants does not equate to the production of “drugs”. Even if tea is “drug”, it makes people to live easier and makes life more meaningful. He denied the charges, and the trials continue.
The prosecutor claimed:
- The tea of Acacia confusa and Mimosa tenuiflora, so-called ayahuasca analog, is an aqueous solution of 3, 2, dimethylamino, ethyl, indol, or DMT. This is violation of Narcotics and Psychotropics Control Act, Article 66, Paragraphs 1, 2, Article 67, Paragraph 2, and Article 27, Paragraph 1.
The lawyer claimed:
- The tea made from Acacia confusa and Mimosa tenuiflora is not an aqueous solution, but "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.
- 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 when only The Tea made by the defendant is a controlled substance.
- DMT is internationally controlled under the Convention on Psychotropic Substances of 1971[*1]. 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[*2]. 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 seriously religious ritual. This is a legitimate act stipulated in Article 35 of the Penal Code, and illegality is blocked."
Further Readings
A Trial For Ayahuasca in Japan (by Genya)
ayneg.com
This is a more detailed article.
Do Not Judge the DMTea Ceremony of Japanese Ayahuasca
hirukawalaboratory.hatenablog.com
Short stories written by myself (in Japanese, English, and Portuguese version is coming soon.)
