A 52-year-old Nova Scotia man charged with drug offenses related to spiritual ceremonies he led at his rural home using a hallucinogenic drink from the Amazon will avoid a criminal record in the case as long as he follows a three-year probation order.
Nova Scotia Supreme Court Justice Josh Arnold on Thursday ordered the bail of Michael Adzich, whose lawyer had argued that a record would hinder his future attempts to travel to Peru to participate in ceremonies related to the tea called ayahuasca.
Arnold said that given the deterrent effect of probation conditions and the “constellation of factors” in the case, “public confidence in the effective application of the criminal law would not be clouded by the imposition of probation.”
Outside the courtroom in Dartmouth, N.S., more than a dozen Adzich supporters cheered and applauded as he emerged after his sentencing hearing. In brief words, he thanked them.
Adzich was charged following a November 2022 RCMP raid during an ayahuasca ceremony at his yurt outside Annapolis Royal, N.S. He and his supporters have argued that the ceremonies can be life-changing, improve well-being and help attendees deal with trauma.
religious freedom
Adzich initially fought the charges, arguing that they violated his religious freedom rights. But in May he pleaded guilty to importing and possessing for the purpose of trafficking DMT, a substance listed as illegal in Canada but which is a crucial component of ayahuasca.
The prosecution in the case argued that ayahuasca can be dangerous and have serious side effects, even in people with heart disease. The defense argued that Adzich examined the participants and that the ceremonies were conducted safely.
Among the conditions of his three-year probation order are 200 hours of community service, a requirement for maintaining the peace and good behavior, and not possessing or using DMT and two other substances in Canada.
In an interview outside the courtroom, Adzich’s lawyer, Asaf Rashid, said probation was crucial for his client as his criminal record would hinder his ability to travel. In particular, he said, Adzich wants to travel to Peru to attend ayahuasca ceremonies.
Under the law, groups in Canada can apply for exemptions to use ayahuasca for religious purposes, and about a dozen have done so. However, in his decision Thursday, Arnold noted that Adzich never requested such a measure.
According to Arnold, numerous friends and supporters of Adzich presented character references indicating that he was sincere, caring and spiritual.
The opinion of the prosecution
But during a sentencing hearing in September, prosecutor Glen Scheuer attempted to disprove the view that Adzich was a man of honesty and integrity, pointing out the nature of his efforts to import ayahuasca.
Arnold called Adzich “cunning and deceitful” in bringing the substance to Canada. The judge said he used an ex-girlfriend in New York City as a “scapegoat” to accept a delivery of ayahuasca from Peru, but misled her about what was really in the package.
She didn’t know it was ayahuasca, but she was arrested by Homeland Security, potentially jeopardizing her job at the New York City Police Department.
“Mr. Adzich may have been performing ayahuasca ceremonies for primarily altruistic purposes,” Arnold said. “But he knew what he was doing was illegal.”
Another issue that arose during the sentencing was the text messages sent and received by Adzich and which were analyzed by the police. In them, he used coded language, attempted to obtain ayahuasca that was not subject to quality testing, and indicated that he was aware of other police seizures.
The text messages were presented by prosecutors at the beginning of the sentencing process last month, but Rashid said he had not seen them before.
At the next court date, the lawyer admitted that they were on a USB that was part of the disclosure of evidence he received in July 2024, but said he had not been able to open it.
In his ruling Thursday, Arnold criticized what he called the attorney’s “failure” to disclose the information, saying he made only “feeble efforts” to resolve the USB issue with the Crown and then proceeded with the case without reviewing the text messages.
In an interview outside the courtroom, Rashid said he does not disagree with the judge and accepts his reasons.
MORE TOP STORIES
