Marijuana as Religious Right? California Court Says It's Possible

Categories: Marijuana

marijuana jesus patrin.JPG
Patrin
Do some folks have the religious right to use marijuana as part of a sacrament?

It's a question we joked off when L.A. marijuana dispensary owner NJ Weedman sued the city of L.A. after his Liberty Temple II was targeted for extinction: He claimed the religious right to cannabis because the shop was a place for acts of Rastafarian worship. Irie.

Turns out a California-based U.S. court says that if you smoke dope for purposes of a higher power (and don't we all) ...


... you might actually have a case:

The U.S. Ninth Circuit Court of Appeals this week said the Oklevueha Native American Church in Hawaii, part of the Native American Church, could pursue its case against the government for "declaratory and injunctive relief" after feds took some of its pot in 2009 and appeared, at least, to threaten more legal action.

The government destroyed the weed, one pound worth, and said it wouldn't pursue the case.

compassionate pain management marijuana.JPG

A lower denied the claims against the U.S. Justice Department and the Drug Enforcement Administration as a result of the ultimate lack of prosecution, but the liberal Ninth District judges said that didn't matter -- the church still has a case.

The ruling (PDF) states that there is a ...

... justiciable case and controversy about plaintiffs' constitutional and statutory entitlement to use marijuana for religious purposes ...

The Ninth Circuit Court did, however, say the plaintiff won't get its weed back:

We AFFIRM the dismissal of the claims for return of, or compensation for, the seized marijuana. We REVERSE the dismissal of Plaintiffs' claims for declaratory and injunctive relief and REMAND for further proceedings consistent with this opinion. The parties shall bear their own costs of appeal.

Plaintiff Michael Rex "Raging Bear" Mooney argues that church members, who already have federal protection to use peyote, should be allowed to use pot under the First Amendment and the Religious Freedom Restoration Act.

If he wins this case you can just imagine the level of religious conversion that will happen throughout the West? Every pot shop in L.A. will become a church overnight.

Traditional preachers ain't got nothin' on the power of weed. Hallelujah.

[@dennisjromero / djromero@laweekly.com / @LAWeeklyNews]


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32 comments
Olraz75
Olraz75

Sister Lauren I too am a member of the THC Ministry here in Los Angeles. I am extremely curious with how Rev. Christie is and the state of THC Ministry. I would love to get in contact with you and speak with each other. have a wonderful day. Olraz75 .com GOD bless

Countermanilwc
Countermanilwc

You can not say weed is harmless. Smoke is smoke and it will effect you may it be bad lungs, cancer, etc. Everyone should be able to use it regardless. Agreeable freedom. So will everyone that wants legal weed stop acting like weed is "better for you" and etc. You might get what you wish for if you could be more open or something, idk.

canabian1
canabian1

GENISIS CH 1 V 11 & 12........ ‎11: And God said, Let the earth bring forth grass, the herb yielding seed, and the fruit tree yielding fruit after his kind, whose seed is in itself, upon the earth: and it was so. 12: And the earth brought forth grass, and herb yielding seed after his kind, and the tree yielding fruit, whose seed was in itself, after his kind: and God saw that it was good ;)                         THE point being that every official in officialdom was officialized by placeing their hand on a bible to swear to uphold all its authority .......God sez its good shit mun ;)

Paul Paul
Paul Paul

And for those not into God, what about a philosophical right to commune with nature.

MakeCash25dotcom
MakeCash25dotcom

my buddy's sister makes $81/hour on the computer. She has been unemployed for six months but last month her income was $14539 just working on the computer for a few hours. Read more on the link above

Dennis Peron
Dennis Peron

The LA Weekly discovers that cannabis is considered sacred by Rastafarians.  Next your going to tell me that marijuana grows indigenously in Asia and the Middle East and has been a part of various cultures for thousands of years...

sisterlauren
sisterlauren

I'd like to know why NORML never defended our freedom of religion. It is not like I haven't asked them to. I have asked nearly all of the pot activist groups for help in getting my freedom of religion. 

Most of them tell me the feds don't respect my religion - as if that was the normal way to be treated. They never think about it as an action project. 

Since they are nearly all Jewish, that doesn't make sense to me. I would expect Jewish people especially to respect the freedom of religion. It has been a long and difficult road for me to figure out why they don't. I can boil it down to one sentence: 

They are not Native American.

GnaturalGnostic
GnaturalGnostic

every church attempting judicial recognition of their religious use of cannabis sacrament has pointed to the acceptable nondrug use of peyote by indigenous tribes, with the official Federal reply and Judicial respons always being that "Indians are special."

Now that the Native American Church is demanding to have that special treatment extend to Rosa Maria, the Feds are scared and woefully lacking in a coherent legal argument.

sisterlauren
sisterlauren

Here is an awesome book on the subject,

Marijuana - The First Twelve Thousand Yearshttp://druglibrary.org/schaffe...

After I read that book, I informed my U.S. Senator Diane Feinstein that I had a solution for the war in Iraq, it was all about religion and pot. 

Her response was to threaten me with a machine gun toting Blackwater helicopter. 

I wonder if she knew my oil industry husband would go nuts over it and bodily threaten me. Yup, I wonder if she knew that would happen - or if she just didn't care about me because I'm only a tax-paying, voting citizen and therefore in her cloistered, and rarified world of war mongering leaders, completely irrelevant. 

Lionel Standish
Lionel Standish

Absolutely. The feigned ignorance of the US media always astounds.

Pa Guy
Pa Guy

I guess a suit and tie were to much to asks.

esotericknowledge
esotericknowledge

In My Opinion: So only if you're a Native American the Government will consider plants as a sacrament?  Nonsense.  You only need to declare using this naturally occurring plant as your religion.  The law is very clear, it says: freedom of religion, no ifs ands or buts. The U.S. Justice Department is lying and breaking their own law they should be protecting and violating a fundamental human right.

sisterlauren
sisterlauren

They are not the only one. Kaiser 'mental health' refused to respect my Native American religious practice because ... wait for it, they said I'm too white. 

I have that in writing. 

They instead insisted I was insane (bi-polar) and they talked smack about me to my husband behind my back. It was a little group effort to make sure I'd fail at politics. I wanted to run for congress on legalizing pot. The health care provider and big business Kaiser didn't like that idea and they enforced it on me viciously. A whole string of psychologists told me I could not be a Native American, I could not practice that religion. Why not?Because I was the wrong color - and they were the 'deciders' with all of the power.

eddieVroom
eddieVroom

 Many Gnostic and early/pre-Christian sects had shamanic aspects to their teachings and practices. For this exemption from prohibition to be extended only to Native Americans is an unjustifiable act of religious bias in violation of the first amendment, IMO.

Roger_Murdock
Roger_Murdock

The following passages are taken from the Supreme Court's opinion in Lawrence v. Texas:

"These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State."..."Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

Assuming they actually meant any of that, it seems like it should be a pretty open-and-shut case, no?

Barbie
Barbie

Hey, the Catholic church had wine during prohibition.  Why not?  I also like the idea of keeping the govt. out of it.  They tend to mess things up.  I figure if the govt. gets involved, BigPharma will take over and that's just not necessary.  The plant works beautifully in its natural state.  Whatever happened to people growing food and herbs in the privacy of their own backyard for their own enjoyment.  We don't need all the middlemen.  It's simple.

John Porter
John Porter

This plant should be free to grow by anyone. The medical and industrial uses of this plant are amazing and the side effects are among the safest and benign in all of history for such a powerful and useful plant. No one should have the authority to tell another what they can grow and use to help their own body. These people that prohibit it are not given any right under god to deny any other human on this earth from growing a plant.

Jose
Jose

As I was making plans to start my own church I was thinking of what I should call it.

Church of the Green Leaf came to mind.  I google searched and there is a Green Leaf Church.  I wonder if it's the same.

Dennis Romero
Dennis Romero

Church of Sohi. Can I get a cough-cough?

Jose
Jose

I decided to call it Church Of Smoke.

Kevin Hunt
Kevin Hunt

In 1976, native Americans were given the right to use peyote, a strong hallucinogen.  Christians drink wine (a dangerous drug) in church.  It only makes sense that these Native Americans should be given the right to use a plant that has killed no one due to overdose in all of history.

jway
jway

Why can't we just regulate cannabis like alcohol and tobacco? Those industries seem to do just fine and cannabis isn't too dissimilar from tobacco except in that it doesn't kill people or cause cancer, heart disease, brain damage, liver disease, emphysema, or any other significant health issue, and its addiction potential is about on par with coffee. In fact, when it comes down to pure safety cannabis is safer than coffee!

So why do the legislators who currently make up the federal government keep cannabis illegal when people could use it as a substitute for alcohol which would do a lot to improve their health and our safety?

Lee Eisenstein
Lee Eisenstein

One reason is that the big banks launder hundreds of billions of dollars in illegal drug money, every year and have been doing so for decades, with the tacit approval of our government.  They've been publicly caught doing this and when they do, they get a light, slap on the wrist from Uncle Sam, then, right back to laundering illegal drug money. 

No prohibition, no giant, drug money profits.  In this sense, our government is functioning as a front for not only the drug money banks, but the illegal drug cartels, as we've seen with Fast and Furious and the other recent caper where a federal agency was caught, helping one of the most vicious, Mexican drug cartels launder oceans of drug money.

mpasta2000
mpasta2000

And don't forget it was our right to smoke it, grow it cultivate it from the beginning of time until the 1970s.  Soooo why was it okay for the governments of the world to take away a human right?  Also, if you eradicate this plant then there must be an imbalance in the eco system.  AND that is an environmental crime.  It is a crime to eradicate a native plant but then allow other more dangerous and invasive species to exist

Jose
Jose

Screw regulating it.  I like the idea of smoking marijuana for religious purposes and keeping the government out of it.

sisterlauren
sisterlauren

I tried to give you a link but this site isn't in to that so look up the THC Ministry in Hawaii. Also, come talk to us on AlterNet (dot)org, that is where I usually blog in the comments. I have been working on bringing our church out of the closet for years. I'd love to chat with you about it.

I consider this court decision to be great news. Blessed Be,

Reverend Lauren UnruhTHC Ministry, Pleasant Hill, CaliforniaA Native American Church

Jose
Jose

I spoke to a lawyer a couple days ago who had been fighting marijuana laws for years.  He said that the laws are stacked against us and was almost to the point of throwing in the towel.  I suggested that we ridicule the politicians who obstruct legalization at the individual level and he almost thinks it will work.

I setup a blog at peso dot com (don't know how well it works) and have a song posted there that ridicules the presidente.  I was thinking about digging up dirt on these dirty politicians (won't be very hard) and putting it into music.  Then after collecting a few hundred songs put together a 'Best Of' collection and try to get a big name band to play some of them with a laser show in some place like the Rose Bowl in Pasadena.

sisterlauren
sisterlauren

I won't lose a friend by heeding God's call, for what is a friend who would want you to fall?Others find pleasure in things I despise (torture)but I like the Christian life.

The Byrds / Gram Parsons / The Christian Lifehttp://www.youtube.com/watch?v...

In my church 'christ' means anointed. Feel free to join us,

THC Ministry: The Hawai`i Cannabis Ministryhttp://www.thc-ministry.org/

Wild
Wild

this would be ideal if everyone could possess the right to smoke it religiously.. I doubt that would happen. I'd rather it just be regulated so anyone can buy it whenever. I don't have a problem with how alcohol is regulated, I don't think marijuana regulation would be a problem either

sisterlauren
sisterlauren

Why would people be forever denied their religious freedom? 

That doesn't make any sense to me. Isn't that exactly the kind of thing our people fight in our military to preserve?

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