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Legal Notice
The Church of Mushrooms is a 501(c)(3) non-profit religious organization. We are an Entheogenic Church, whose religious practices are centered around the sacramental use of psilocybin-containing mushrooms. Please see our Statement of Beliefs and Constitution.
Church of Mushrooms | Constitution | Article 7: Legal Compliance
A. Explanation of the Church Of Mushrooms’ Legal Status and Protections
- The Church Of Mushrooms shall maintain compliance with all relevant laws and regulations, and shall provide education and training to its members on legal compliance.
- The Church Of Mushrooms shall seek to establish legal protections for the religious use of entheogenic sacraments, including but not limited to exemptions from drug laws and protections under the First Amendment of the U.S. Constitution, the federal Religious Freedom Restoration Act of 1993, and other applicable state laws.
B. Procedures for Complying with Relevant Laws and Regulations
- The Church Of Mushrooms shall establish procedures for complying with relevant laws and regulations, which may include reporting requirements, record keeping, and compliance with health and safety regulations.
- The Church Of Mushrooms shall ensure that all members are aware of their legal obligations and the consequences of non-compliance.
The First Amendment and the Religious Freedom and Restoration Act
“The First Amendment of the United States Constitution protects the right to freedom of religion, which includes the right to practice one’s religion and to hold beliefs without government interference. The Religious Freedom Restoration Act (RFRA) is a federal law that was enacted in 1993 to provide additional protections for religious freedom.
Under RFRA, the government cannot substantially burden a person’s exercise of religion, unless the burden is the least restrictive means of furthering a compelling governmental interest. This means that if a law or government action interferes with a person’s religious practice, the government must have a compelling reason for doing so and must use the least restrictive means possible.
The use of mushrooms in a religious context by an entheogenic church could be protected under the First Amendment and RFRA if the use of mushrooms is considered an integral part of the church’s religious practice. The church would need to demonstrate that the use of mushrooms is a sincerely held religious belief and that prohibiting or restricting the use of mushrooms would substantially burden their exercise of religion.
If the government were to try to restrict the use of mushrooms by the church, the government would need to show a compelling interest in doing so and that the restriction is the least restrictive means of furthering that interest.”
Contraindications For Using Psychedelic Mushrooms
Psychedelic mushrooms contain psilocybin, a powerful psychoactive compound that can have profound effects on the mind and body. While the use of psilocybin mushrooms can have spiritual and therapeutic benefits for some individuals, there are also several contraindications to consider. Some contraindications for using psychedelic mushrooms include the following:
- Mental health conditions: People with a history of mental health conditions such as schizophrenia, bipolar disorder, or severe anxiety or depression should avoid using psychedelic mushrooms, as they may exacerbate these conditions.
- Pregnancy and breastfeeding: The effects of psilocybin on a developing fetus or infant are unknown, so pregnant or breastfeeding individuals should avoid using psychedelic mushrooms.
- Medications: Some medications, such as antidepressants and mood stabilizers, may interact with psilocybin, which can cause negative side effects or reduce the effectiveness of the medication.
- Personal or family history of psychosis: Individuals with a personal or family history of psychosis should avoid using psychedelic mushrooms, as they may increase the risk of developing psychotic symptoms.
- High blood pressure or heart conditions: Psilocybin can increase heart rate and blood pressure, so individuals with heart conditions or high blood pressure should use caution when using psychedelic mushrooms.
It’s important to note that the use of psychedelic mushrooms should always be done in a safe and controlled environment.
Release of Liability
Church of Mushrooms Liability Release (Waiver)
I, by participating in the activities associated with the Church of Mushrooms, understand that during my participation in said activities I may be exposed to a variety of hazards and risks, foreseen or unforseen, which are inherent in these activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, sickness from ingested plants or fungi, property damage, and death (“Injuries and Damages”) from exposure to the hazards of travel or various other circumstances. I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, Church members, Church leaders, assistants or third parties, either as a result of negligence or because of other reasons. I understand that risks of such Injuries and Damages are involved in Church of Mushrooms activities and the sacramental use of psilocybin mushrooms, and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. In consideration for my acceptance as a participant in Church of Mushroom activities, I confirm my understand that:
- This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
- The consumption of mushrooms carries with it some inherent risks. Reactions to mushrooms vary, and I acknowledge that the Church of Mushrooms, its owners, employees, agents, and leaders, will not be held liable in the event that a negative reaction occurs. Further, I agree that the Church of Mushrooms, its owners, employees, agents, and leaders, are not liable for any future reactions from ingesting wild or cultivated mushrooms.
Despite the foregoing risks and all other risks, and TO THE FULLEST EXTENT ALLOWED BY LAW, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH which might be associated with or arise out of my participation in any Church of Mushrooms activities. In consideration for being permitted to participate in these activities, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE the Church of Mushrooms, its owners, employees, agents, and leaders, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, any land owners for which events take place, and employees (Church of Mushrooms), for injury or death resulting from my participation or my child’s participation in the outing, regardless of the cause, including the alleged NEGLIGENCE of the Participating Areas.
I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE PARTICIPATING AREAS for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of my participation in the outing.
I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever I participate in the activities associated with the Church of Mushrooms. I understand that this RELEASE OF LIABILITY will prevent me, my child, or my heirs from filing suit or making any claim for damages in the event of injury or death from my participation in the outing. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Church of Mushrooms, its owners, employees or agents, or any land owner for which events take place, for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit.
With a full understanding of this agreement, I nevertheless enter into it freely and voluntarily and agree that it is binding upon me, my child, my heirs, assigns, my legal representatives, and the users of any sacrament originating from the Church of Mushrooms.
I AGREE to abide by all applicable county ordinances, state and federal laws, as applicable.
If any provision of this Agreement is held invalid, I agree that the balance of the agreement will be held in full force and effect and will be valid and enforceable. I also agree that if any suit is filed arising out of the participation in Church of Mushrooms activities, it will be filed in a court of competent jurisdiction in the State of Colorado. Any disputes will be subject to and determined under the laws of the State of Colorado.
WITH ALL OF THE ABOVE FULLY UNDERSTOOD, I enter into this agreement freely and voluntarily.
I have read this document in its entirety and I freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, I agree to participate in Church of Mushrooms activities.
By submitting a membership application to the Church of Mushrooms, I agree and consent to the foregoing Agreement on myself, accompanying persons, and minors in my care.