Guide for medical cannabis ministers
and medical marijuana ministers
This is a Guide for medical cannabis ministers and medical marijuana ministers.
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.
The Jah Healing Caregivers, 412 South Main St., Fallbrook, California, 92028, 619-654-0287, is in need of help and support in a legal fight against an illegal SWAT raid. Please donate money for the legal fund (an initial need of $5,000) and please also donate your time and energy in helping reopen and prepare for a serious struggle for freedom against illegal government activity.
There are three additional ways to defend against unjust laws that wont 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 Californias Proposition 8. This may apply to any religion.
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 doesnt 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.
CannabisClergy.com is now officially sponsored by Pr Ntr Kmt. This website will continue to provide information for any form of cannabis religion, using the ancient Egyptian religion as a primary example.
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.
This website is concerned with religious matters and only obliquely discusses the law. I strongly recommend that medical marijuana ministers rely on a high quality lawyer.
I (Milo) use my own religion as an example, because this is the religion I know well. I strongly urge peoplee to get together with their lawyer and prepare a similar discussion for their own religion. Again, my religion is only an example.
Good news: Many people over the years have successfully used Pr Ntr Kmt religious cannabis certificates. The author of this website has personally several times over more than a decade shown various police Pr Ntr Kmt documentation and the police have politely returned the religious cannabis. There are at least two Pr Ntr Kmt cannabis ministers who have been released after the police discovered several pounds of religious cannabis (although the police kept the cannabis). There are numerous real world successes.
Reality: If the government decides it wants to get you, then your only chance is if you can afford a really, really good lawyer.
The law is whatever the government decides the law is.
The rights you heard about in grade school only apply if you can afford a great lawyer. Public defenders are under-budgeted and only want to process paperwork for plea bargains. They simply dont have the time or money for trials.
We dont want to discourage anyone from worshiping with cannabis, but we do want to strongly warn everyone that you have a significant risk of long term imprisonment or worse, especially outside of major industrialized nations.
Please act responsibly. Please hire a lawyer if you can possibly afford to do so.
Free weekly instruction for medical marijuana ministers and medical cannabis ministers every Monday night in Orange County, California. Write to: Milo, PO Box 1361, Tustin, CA, 92781. Post office box checked once per month.
These web pages contain religious advice. These web pages are not professional legal or medical advice. Nothing on this website should be considered as a substitute or replacement for professional medical, health, or legal advice. All persons should seek the advice of qualified medical, health, or legal providers.
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.