This Guide outlines some of the topics you may need to prepare for in order to have a successful legal defense in both federal (U.S.) and state (California) court for working as a medical marijuana minister or medical cannabis minister in a California medical cannabis collective, dispensary, or cooperative.

Exact material will vary greatly by religion. I provide examples from my own religion, although many of the examples may not apply to your religion. You will want to prepare your own defense, probably with the help of a lawyer skilled in first amendment and criminal law.

strict scrutiny

There are three additional ways to defend against unjust laws that won’t apply to all religions but may apply to my own religion.

The government tends to assume that a law is neutral regarding religion. It is my claim that the anti-drug laws in general were all created specifically for religious reasons and that they specifically target my religion on the basis of religious verses from the Jewish Torah and Christian Bible.

There is strict scrutiny to protect groups hat have traditionally been discriminated against. This would include my own religion.

There is no rational basis which was recently used to strike down California’s Proposition 8. This may apply to any religion.

legal standards

U.S. District Chief Judge Vaugh R. Walker struck down Proposition 8 using two standards of the law.

One standard Judge Walker used was that the law was based on so many unfounded claims that there was no rational basis for the law. This could be used against the federal law placing cannabis as a Schedule I drug. Francis Young, a DEA administrative law judge, ruled in 1988 that cannabis had no known danger (Docket # 86-22).

The other standard that Judge Walker used to strike down Poposition 8 was strict scrutiny.

Strict scrutiny is a test in discrimination cases holding laws to a higher standard when they adversely affect certain minority groups.

To meet strict scrutiny a law must be justified by a “compelling government interest” and must be “narrowly tailored” to meet that interest.

The tests for whether a minority is within a “suspect classification” are: (1) been historically targeted by discrimination; (2) a “discrete” and “insular” community; (3) be a minority for an unchangeable characteristic; and (4) lack the power to protect themselves using the political process. A qualifying group does not have to meet all four standards and other factors may be considered.

This obviously doesn’t apply to Christian medical marijuana ministers, but it certainly applies to Pagan and Witch medical marijuana ministers (including my own religion).

Kemetic or ancient Egyptian religion

There is a large section that discusses how my religion (Kemetic Witchcraft) should deserve strict scrutiny.

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Free weekly instruction for medical marijuana ministers and medical cannabis ministers every Monday night in Orange County, California. Write to: Milo, PO Bx 1361, Tustin, CA, 92781. Post office box checked once per month.

The courts have already ruled in multiple cases that a person who starts preparing a religious defense (including gathering certificates and other paperwork) after arrest loses all chance to use the late religious defense. It is essential that you prepare your defense before you are arrested. Adequate preparation may even prevent arrest. With that in mind, doesn’t it make sense for at least one collective owner somewhere to pay me minimum wage to work on preparing these materials on a full time basis? Even the most callous cooperative owner should realize that low paid workers facing prison sentences are likely to change sides and testify for the police? On the other hand, if the workers have a religious defense ready then they need not fear going to prison and have no incentive to testify against the owner. I don’t care how jaded and selfish a dispensary owner is, it just makes good sense to have a strong religious defense ready for your workers.

If you spot an error in fact, grammar, syntax, or spelling, or a broken link, or have additional information, commentary, or constructive criticism, please contact Milo at PO Box 1361, Tustin, Calif, 92781, USA.

CannabisClergy.com Guide for medical cannabis ministers and medical marijuana ministers

strict scrutiny

legal standards

Kemetic or ancient Egyptian religion

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CannabisClergy.com
Guide for medical cannabis ministers
and medical marijuana ministers

return to Guide for medical cannabis ministers
return to CannabisClergy