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.
IRS Test
The government can question whether or not the beliefs are religious in nature. The IRS has a set of guidelines to determine if an organization is a legally valid church.
Once again these tests are highly biased towards the Roman Catholic Church, the religion of a six member majority of the U.S. Supreme Court.
My own religion passes about one third of these rules, even though it is much older tthan the Roman Catholic Church.
legal standards
The IRS guidelines for a legally valid church:
“a distinct legal existence,” —IRS definition of a church
“a recognized creed and form of worship,” —IRS definition of a church
“a definite and distinct ecclesiastical government,” —IRS definition of a church
“a formal code of doctrine and discipline,” —IRS definition of a church
“a distinct religious history,” —IRS definition of a church
“a membership not associated with any other church or denomination,” —IRS definition of a church
“an organization of ordained ministers,” —IRS definition of a church
“ordained ministers selected after completing prescribed studies,” —IRS definition of a church
“a literature of its own,” —IRS definition of a church
“established places of worship,” —IRS definition of a church
“regular congregations,” —IRS definition of a church
“regular religious services,” —IRS definition of a church
“Sunday schools for religious instruction of the young,” —IRS definition of a church
“school for the preparation of its ministers.” —IRS definition of a church
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.
Copyright © 2010 Milo.
May Goddess Bast grant YOU love, peace, joy, bounty, and wisdom.
