Legal Cases? in General Board Posted April 12, 2011 From what I understand, the religion has to be real, with long-standing traditions and an established organization. You can't just make one up and claim First Amendment exemptions under the free exercise clause. Back in 2006 , the UniÃ£o do Vegetal won the right to use ayahuasca in their ceremonies, as did the Santo Daime a few years later. While those religions have only a few adherents and a short history in the US, they have long been established in South America. Both won the right only after extended court proceedings.