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Many have
asked us why we don't offer MHRB, Psychotria Viridis, and Cebil/Yopo
products, so we thought we would offer a direct response here on the site:
We have been leading our own personal fight to provide consenting adults with
access to plants that have such a rich, sacred history in both Shamanism and
indigenous cultures in various parts of the world for several years now, but in
light of recent statements and actions by the Federal Government and the DEA, we
have, for now, decided that the fight may be growing too uncertain to our own
freedom to continue.
First, in the recent Alan Shoemaker case, he was charged with illegally
importing DMT with intent to distribute when his shipment of Banisteriopsis
Caapi vine and Psychotria Viridis leaves from Peru were confiscated. When his
defense team asked for a dismissal of the case, Judge Baverman, stated his
opinion of Schedule I substances in no uncertain terms:
"Baverman found that the Controlled Substances Act, while not specifying the
vines or leaves as illegal substances, covers 'any material' that contains DMT.
'When Congress speaks clearly, the court must follow what Congress has stated,'
the judge wrote."
The intent of the courts and the DEA was made obvious and the reason the case
hasn’t moved forward, is simply because Alan Shoemaker left the country and is
now living in Peru. Otherwise, he would be in the middle of an extremely ugly
court battle, with a great number of people anxiously awaiting the outcome. In
short, in that particular court case, the courts feel that “any material†was
meant to include any actual plant that DMT may reside in, making the plant
itself illegal as well. This would make anyone who imports or distributes “any
material†containing DMT technically open to prosecution, though our legal team
has stated that they feel “pretty confident†that they could win such a case.
(By the way, the dictionary defines “material†as “1. the substance of which
something is made or composed†as well as “2. something that serves as crude or
raw matter to be used or developed.†It has been argued that the plant itself or
its dried leaves and vines may not fit the first definition, but especially not
the second definition, simply because possessing the leaves or vines does not
constitute any intent to “use or develop†in any way.)
We know that no one here or any of our treasured customers would do anything
deemed illegal with these sacred plants, and simply
want the freedom to exercise our right to have these plants on our Shamanic
altars, or to study them, or to have them around us as a reminder of the rich
and sacred traditions of dying cultures that we hold so dear, but the Federal
Government has given indirect indications that they wish to make even that
difficult to impossible, while they sit idly by and let illegal prescription
medication, alcohol, and tobacco kill literally hundreds of thousands of people
each and every year.
Secondly, as we were also advised:
“I realize you are selling only plant products, but you should still follow the
research chemical cases found at:
http://www.dea.gov/pubs/pressrel/pr072204.html
These give some insight into how the DEA is concerned about addressing the ‘gray
areas’ of the controlled substance laws. The substances involved in these cases
are not so clearly ‘illegal,’ but the Analogue Act was invoked to help prosecute
these cases. Your company is completely different and distinct, but you really
need to keep an eye on what the DEA is thinking to keep yourselves safe from any
trouble.â€
So, to be absolutely clear and to quell any rumors that may be circulating: This
decision DIDN’T come in response to any kind of trouble that we found ourselves
or anyone else in, and it DIDN’T come because of some direct action the
government has suddenly taken. It was simply a decision to give all of us here
at IAmShaman, as well as our customers, complete peace of mind. We have always
gone out of our way to remain completely legal, consulting with people like Glen
Richard Boire of the CCLE, as well as our own highly-skilled legal team, who
specialize in both DEA and FDA matters. We have set up our business within the
parameters of the law, all the way down to having the proper posters displayed
in our shop…we are probably more legal than many other businesses that operate,
period!
This way, we can assure ourselves and every one of our customers, that we are
operating within the exact parameters of the law, and that we will not be
unfairly prosecuted at some time in the future for offering any plants that may
have moved onto the radar screens of the DEA or become their new crusade, while
they continue to ignore the real problems that face us and our youth.
Ultimately, our customers come first, and though we will make less money each
month as a result, it will assure our freedom to offer all the other beautiful,
high quality plants and products that we have offered for so little for a long
time to come.
Finally, you are NOT breaking ANY laws by ordering ANY products from our site,
you are NOT a criminal because you want to possess, research, or grow beautiful
plants and flowers with sacred histories, you won't be "tracked down" for doing
something COMPLETELY legal (no one has ever been arrested for ordering legal
herbal products on the web). Just because the FDA hasn't approved all herbs such
as Yohimbe Bark, Kava Kava, Calea Zacatechichi and others, does not mean that
they haven't been used safely for thousands of years by indigenous and foreign
cultures. The products on our sites have harmed ZERO people, but tobacco,
alcohol, and prescription medication claim hundreds of thousands of lives every
year. So, please know your rights, and exercise your cognitive liberties without
fear, before you are bullied into giving them up against your wishes.
We will keep you posted right here if we decide to change our minds and carry
our Mimosa and P. Viridis products again. Countless other sites still offer
these products, as they have for years, but we prefer to keep our customers
completely safe from any prying eyes, especially with the enactment of the
Patriot Act, the Rave Act, the impending Patriot Act II, as well as the widening
Drug War that is taking hundreds of thousands of taxpayer dollars from us each
and every hour of the day…know how your rights are being taken from you, and
please exercise your right to vote this year on November 2nd of 2004.
Peacefulness,
Bodhi
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