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.
what is religion?
In the case U.S. v. David Meyers, No. 95-8079, United States Court of Appeals for the Tenth District, September 6, 1996, the judges ruled that Meyers Church of Marijuana was not legally a religion and used a set of highly biased tests that were specifically designed to establish Chrisianity as the only legal religion in the U.S. and specifically prohibit the free exercise of all other religions.
The judges stated in their decision:
There is no dispute that Meyers beliefs are sincerely held and that they are substantially burdened by 21 U.S.C. 841 and 846 and 18 U.S.C. 2. The issue is whether his sincerely held beliefs are religious beliefs, rather than a philosophy or way of life.
There is substantial agreement throughout the archaeological, historical, and religious communities that Am Khent Kemeticism and other forms of ancient Egyptian belief are in fact religion, possibly the oldest religion still being practiced.
From The Handy Religion Answer Book, by John Renard (a Roman Catholic), 2002, Visible Ink Press:
Religion was the very core of ancient Egyptian culture (3500 BCE950 BCE). It permeated every aspect of life, including art, medicine, and science. Egyptians believed that the gods [sic] had created Egypt as an oasis of order and inherent good amidst the forces of chaos that constantly threatened to overwhelm them. Justice, morality, and beauty called Maat by the Egyptians consisted of behavior in accordance with that tradition.
The Egyptian religion featured many deities, some strange but with human features, others clearly non-human, but all responsible for every aspect of life, from birth to death.
The judges continued in their decision to outline a list of tests:
Keeping in mind that the threshold for establishing the religious nature of his beliefs is low, the court considered the following factors:
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 people 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.
Get a Pr Ntr Kmt certificate as proof that your cannabis religion is real.
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.