CannabisClergy.com
lawyer summary

summary for lawyers

    Protection from federal prosecution is from the Religious Freedom Restoration Act of 1993 (RFRA), which specifically grants religious exemptions to most federal laws. The U.S. Supreme Court decision Alberto R. Gonzales, Attorney General, et al., v. O Centro Espirita Beneficente Uniao do Vegetal et al., 546 U.S. 418 (2006) specifically applied the RFRA to protect religious use of ayahuasca, a schedule I drug.

    State and local protection is provided by the federal Religious Land Use and Institutalized Persons Act (RLUIPA) and the California state constitution. The federal government used the RLUIPA to block the use of local zoning laws that interferred with religious beliefs. Courts have upheld the right of Native Americans to use the hallucinogenic plant peyote in religious rituals, e.g., State v. Whittington, 19 Ariz. App. 27, 504 P.2d 950 (1973), cert. denied, 417 U.S. 946, 94 S.Ct. 3071 (1974); People v. Woody, 61 Cal.2d 716, 394 P.2d 813, 40 Cal. Rptr. 69 (1964); Whitehorn v. State, 561 P.2d 539 (0kl. Crim. App. 1977); contra State v. Big Sheep, 75 Mont. 219, 243 P. 1067 (1926); State v. Soto, 21 Or. App. 794, 537 P.2d 142 (1975), cert. denied, 424 U.S. 955, 96 S.Ct. 1431 (1976).

    The government tends to attack sincerity of beliefs, followed by whether or not the beliefs are truely religious. The famous case is the United States of America v David Meyers, which introduced the Meyers’ test.

    Some religions, such as my own (Kemetic or ancient Egyptian) belong to the class of traditionally persecuted groups and are therefore eligible for strict scrutiny of an otherwise neutral appearing law.

    Note that my religion has an ancient hitory of including both Jews and Christians both as students and as temple staff (as well as members of many other religions, including Zoarastrianism, Buddhism, Persian, babylonian, Hellenism, Mithraism, and otherss). Famous Jewish scholars working at the Temple of Serapis at Alexandria include Celsus and Philo. This was where the first Greek translation of the Hebrew Torah, the Septuagint, was translated. Famous Christians working at the Temple of Serapis in Alexandria include Oregon, Pantaenu, and Clement. There is also the claim that Saint Mark worked in Alexandria. This open cooperation between religions is in direct contrast with the Meyers’ Test requirement that each religion be completely distinct, the only part of the Meyers’ test that my religion doesn’t actually meet or exceed.

    Cities and counties are primarily shutting down collectives, dispensaries, and cooperatives on three grounds: (1) criminal activity using medical marijuana as a sham, (2) violation of zoning, and (3) violation of federal law.

    Having real medical marijuan ministers on staff and running the collective, cooperative, or dispensary as a legitimate religious activity helps block successful criminal prosectuion.

    The RLUIPA forbids localities accepting substantial federal funding from having zoning or land use laws or regulations that interfere with basic religious rights.

    The RFRA creates an exception to the federal laws, so there is no conflict with federal laws. this goes along with the already exitsing court cases saying that local governments can not enforce federal laws.

    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 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.

    My major goal is to provide the supporting religious information for those with a sicnere religious belief to be recognized in court as a legitimate medical cannabis minister or medical marijuana minister. The accompanying blog provides almost daily religious advice. See a lawyer for legal advice.

    The federal Religious Freedom Restoration Act of 1993 (RFRA) specifically grants religious exemptions to most federal laws. The U.S. Supreme Court decision Alberto R. Gonzales, Attorney General, et al., v. O Centro Espirita Beneficente Uniao do Vegetal et al., 546 U.S. 418 (2006) specifically applied the RFRA to protect religious use of ayahuasca, a schedule I drug.

    Among other things (consult a lawyer) the RFRA requires the government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.

    Courts have upheld the right of Native Americans to use the hallucinogenic plant peyote in religious rituals, e.g., State v. Whittington, 19 Ariz. App. 27, 504 P.2d 950 (1973), cert. denied, 417 U.S. 946, 94 S.Ct. 3071 (1974); People v. Woody, 61 Cal.2d 716, 394 P.2d 813, 40 Cal. Rptr. 69 (1964); Whitehorn v. State, 561 P.2d 539 (0kl. Crim. App. 1977); contra State v. Big Sheep, 75 Mont. 219, 243 P. 1067 (1926); State v. Soto, 21 Or. App. 794, 537 P.2d 142 (1975), cert. denied, 424 U.S. 955, 96 S.Ct. 1431 (1976).

    Most workers at a medical marijuana collective, cooperative, or dispensary can legitimately meet the legal standards for a religious defense against imprisonment. They just haven’t thought throught he religious nature of their already existing acts and beliefs.

    If you can afford a lawyer, please consult a lawyer and prepare an adequate defense long before any arrest.

    A prosecutor will test you on both sincerity and knowledge of your own religion. Be prepared.

    Free in-person medical cannabis minister lessons offered Monday nights near the border of Costa Mesa and Newport Beach, California. Send a self addressed stamped envelope to Milo, PO Box 1361, Tustin, California, USA, 92781 if you plan to attend (I don’t show up if I don’t expect any students; I will reply to your letter with the exact time and location). I check the post office box once a month (late in the month).

    The accompanying blog provides almost daily information on honing and improving the quality of your religious medical marijuana ministry.

return to blog
return to CannabisClergy

    

    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.