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SOUL QUEST CHURCH OF MOTHER v. ATTORNEY GEN., U.S.

No. 22-11072.

92 F.4th 953 (2023)

SOUL QUEST CHURCH OF MOTHER EARTH, INC., a Florida Domestic Non-Profit Corporation, on its own behalf and on behalf of its members, Christopher Young, individually and as spiritual leader of Soul Quest Church of Mother Earth, Inc., Plaintiffs-Appellants, v. ATTORNEY GENERAL, UNITED STATES of America, Administrator, U.S. Drug Enforcement Administration, Defendants-Appellees, Acting Administrator, U.S. Drug Enforcement Administration, U.S. Drug Enforcement Administration, Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed: December 18, 2023.

Attorney(s) appearing for the Case

Derek Benjamin Brett , The Burnside Law Group, Dartmouth, Nova Scotia, Canada, Andrew Brian Phillips , A. Brian Phillips, PA, Orlando, FL, for Plaintiffs-Appellants.

Lowell Sturgill, Jr. , DOJ-CIV, Civil Division, Appellate Staff, Washington, DC, U.S. Attorney Service — Middle District of Florida, U.S. Attorney, DOJ-USAO, Appellate Division, Tampa, FL, for Defendants-Appellees.

Before Jill Pryor, Newsom, and Grant, Circuit Judges.

This appeal requires us to decide whether the Drug Enforcement Administration's ("DEA") denial of a church's petition for a religious exemption to the Controlled Substances Act ("CSA")1 was a decision made under the CSA's Control and Enforcement subchapter.2 The...

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