Cannabis News The November Coalition
  Court OKs Use of Religious Pot on Federal Lands
Posted by CN Staff on May 29, 2002 at 07:17:42 PT
By Bob Egelko, Chronicle Staff Writer 
Source: San Francisco Chronicle  

cannabis If you're a Rastafarian who considers marijuana holy, it's legal to light up in Guam -- and maybe in any national park on the West Coast.

At least that seemed to be the conclusion of a federal appeals court in San Francisco, which said Tuesday that a 1993 religious-freedom law puts limits on prosecutions in the "federal realm" -- specifically in a U.S. territory like Guam, or potentially within any other federal property.

A conservative three-judge panel said a Rastafarian -- whose Jamaica-based religion regards marijuana as a sacrament that brings believers closer to divinity -- could not be federally prosecuted for merely possessing marijuana, a decision that upheld a portion of the 1993 Religious Freedom Restoration Act.

The same reasoning would apply to drug prosecutions on other federal property, such as national parks, said Barry Portman, the federal public defender in San Francisco. He said marijuana possession for personal use is prohibited by federal law but is rarely prosecuted.

The ruling did not help the defendant in the Guam case, however, as the court said he could be prosecuted for importing marijuana.

"Rastafarianism does not require importation of a controlled substance, which increases its availability," the court said.

That distinction doesn't make sense, said Graham Boyd, the American Civil Liberties Union lawyer who argued the case and plans to seek review by a larger appellate panel.

"It's equivalent to saying wine is a necessary sacrament for some Christians but you have to grow your own grapes," he said.

The religious freedom law protects religious practices from legal interference unless the government can show a compelling need for enforcement. It was prompted by a 1990 U.S. Supreme Court ruling allowing Oregon to enforce an anti-drug law against a Native American who used peyote for religious purposes.

In 1997, the Supreme Court ruled that the federal statute was an unconstitutional interference with states' authority to enforce their own religiously neutral laws -- but that ruling applied only to state prosecutions.

On Tuesday the Ninth U.S. Circuit Court of Appeals in San Francisco said the 1993 law was a valid restriction on the federal government, reasoning that Congress had the power to create religious exemptions to laws it had originally passed.

The ruling, which follows decisions by two other appeals courts, applies to California, eight other Western states, and the Pacific territories of Guam -- where the case originated -- and the Northern Mariana islands.

Note: Appellate ruling applies to 9 Western states, territories.

Snipped:

Complete Article: http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2002/05/29/MN161789.DTL

Source: San Francisco Chronicle (CA)
Author: Bob Egelko, Chronicle Staff Writer
Published: Wednesday, May 29, 2002
Copyright: 2002 Hearst Communications Inc. - Page A - 2
Contact: letters@sfchronicle.com
Website: http://www.sfgate.com/chronicle/

Related Articles & Web Site:

ACLU
http://www.aclu.org/

U.S. Hears Guam Marijuana Case
http://cannabisnews.com/news/thread11290.shtml

Jamaican Plan to Legalise Use of Marijuana
http://cannabisnews.com/news/thread10779.shtml

Rastafarian Wins Religious Defense
http://cannabisnews.com/news/thread7042.shtml


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Comment #11 posted by SoberStoner on May 29, 2002 at 23:10:20 PT:

Lots of religious stories in the last couple days.
Not that i mind..Just seems like a lot of stuff is coming up fast..canada on the verge of the great legalization debate, UK saying no to the war on drugs, and us in the US, we're discovering god fast..even as our politicians get even farther away from what God really wants from us. Can anyone else feel the dominoes lining up?? whats going to be the lynchpin for change? as i've said many times, it's going to be a very busy summer. I caught the 'legal, but you cant bring it in, or buy it, or grow it' part, but thats the last desperate claws of prohibition sinking in. The important part is the supremes are going to be facing 2 options here...do they rule against the constitution or for prohibition? there are no other choices. I highly doubt religious freedom is going to be weakened at all since the religious right has its hand firmly up the asshole of our government. Hawaii is setting the precedent on the west coast so far, hopefully the 9th circuit ruling will turn out as we all know it should. Good luck Rev. Adler!

SS

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Comment #10 posted by Dan B on May 29, 2002 at 18:25:39 PT:

My bad . . .
I neglected to notice the word "Snipped"--sorry about that. Yes, FoM, that is much better. I'm glad that at least one newspaper's readers got the whole story.

Now, about the AP . . .

Dan B

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Comment #9 posted by FoM on May 29, 2002 at 17:33:14 PT
Does This Help Dan
Hi Dan does this help? This is the rest of the article that I had to snip and provide the link. Copyright stuff with the SFC.

If it became a nationwide standard, it would also cover such federal enclaves as Washington, D.C., and Puerto Rico, defense lawyers said.

The case involved Benny Toves Guerrero, a Rastafarian arrested at the Guam airport with five ounces of marijuana and 10 ounces of seeds. He was charged with importing the drugs from Hawaii.

Guam's Supreme Court ordered the charges dismissed, saying Guerrero's religious practices were protected by Guam's "fundamental law." The appeals court disagreed, saying the fundamental law was passed by the U.S. Congress and contained no religious rights beyond those of federal law -- and that importing drugs wasn't a protected religious practice.



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Comment #8 posted by Dan B on May 29, 2002 at 17:24:43 PT:

Bad Journalism
What strikes me most about the two stories (the one posted by FoM above and the one posted by Hope below) is that neither mentions the other's information. That is, we have one story saying, "possession seems to be legal for Rastafarians on federal property," another saying "importation of pot is illegal, even for Rastafarians," but both articles are about the same case, and both articles fail to cover the whole story.

Remember what Richard Cowan says: "the best two-word explanation for cannabis prohibition is 'bad journalism.'" In this case, both writers are at fault. It is irresponsible to suggest that cannabis is legal for Rastafarians on federal land without also mentioning that importation of cannabis (which means carrying it onto federal land--e.g., into the park) is not legal, even if you are a Rastafarian. What this really means is that if you happen to be Rastafarian, and you happen upon some kind bud while taking in the beautiful scenery at one of our nation's parks, you're okay. Just don't bring it with you, because you can bet that now they'll be checking at the gate.

And it is rather propagandistic to mention only the downside (not okay to import) without mentioning the enormous admission by the feds (so far) that they have no right to prosecute a person who possesses cannabis for religious purposes. This admission presents an unprecedented opportunity. The best thing we can hope for is that the feds will sit on this one until it is too late to file for an appeal on the ruling. Only then will it be safe to use this decision in court without risking it being overturned. Regardless, if people don't know about it, they can't use it at all. And how will people know unless it is reported.

In other words, these are not two different stories; they're the same story and should be treated as such. Doing otherwise potentially puts people (particularly Rastafarians) in harm's way on the one hand and, on the other hand, it diminishes the full import of the court's ruling.

Either way you look at it, it's bad journalism.

Dan B

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Comment #7 posted by Hope on May 29, 2002 at 13:26:14 PT
Thanks, Dr. Russo.
Being somewhat of a classic "dizzy dame" under the best of circumstances...reading the news can really cause me to be discombobulated.

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Comment #6 posted by Rev Jonathan Adler on May 29, 2002 at 13:20:17 PT:

Hawaii Man Is Still Legal and Running for Governor
Aloha and as this latest test of religious freedom is over-turned on technicalities, Rev. Jonathan Adler is still legally using cannabis as a part of his "COURT-TESTED" case of religious use and mandated "sacramentality". It appears that our case here in Hilo, is the 9th Circuit's success story! We submitted closing arguments by Michael Glenn; Attorney, on my behalf regarding state's compelling interest. They presented NONE at trial. Plus they agreed that Religion of Jesus Church / East Hawaii Branch is legitimate, sincere and mandates the spiritual use of cannabis in writing. What that means is we are legal still and forever. Peace to Roger and our doors are open to any other church or person who wishes to join us in being 100% legal. Thanks again. (808) 982-7640 or (808) 935-1033. I am not giving up, only going forward. Rev. Jonthan Adler

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Comment #5 posted by Ethan Russo MD on May 29, 2002 at 10:34:41 PT:

Reconciling the 2 Stories
The only way to do that is to say that sacramental use is allowed, but importation is not.

All of these legal distinctions are problematic, unless, of course, legalization were entertained as a solution.

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Comment #4 posted by Hope on May 29, 2002 at 10:30:16 PT
What's this then?
May 29, 2002 Court: Religion No Defense for Drugs By THE ASSOCIATED PRESS Filed at 12:34 a.m. ET

SAN FRANCISCO (AP) -- A federal appeals court ruled Tuesday that a man accused of importing marijuana to Guam cannot invoke religion as a defense.

The 3-0 decision overturns the Guam Supreme Court, which had said marijuana use was fundamental to the practice of Rastafarianism. The territory's Supreme Court also ruled that Guam's drug prosecution of a Rastafarian violated his right to freely exercise religion.

But the 9th U.S. Circuit Court of Appeals reversed, saying Guam could prosecute Benny Guerrero for allegedly importing marijuana.

Guerrero was arrested in 1991 after he allegedly was found with about 7 ounces of marijuana at A.B. Won Pat International Airport. He claimed he is a member of the Rastafarian religion, and that use of marijuana is a required canon of his faith.

Guam, a U.S. territory in the Pacific Ocean, is about 3,700 miles southwest of Hawaii.

One of Guerrero's attorneys, Graham Boyd of the American Civil Liberties Union, said he would ask the U.S. Supreme Court to review the ruling.

Copyright 2002 The Associated Press | Privacy Policy

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Comment #3 posted by Ethan Russo MD on May 29, 2002 at 10:24:15 PT:

Druid
Your questions are important ones, but are very complicated from a legal standpoint. Merely look at the ups and downs of Native American use of sacramental peyote to have an idea of how arbitrary the court decisions can be.

One fundamental issue should revolve around the somewhat challenged concept of "equal protection under the law." Although I am delighted that Native Americans can use peyote as a sacrament, as Americans, how do they have a right to do so when an agnostic Christian may not?

The issues with cannabis as a religious sacrament are even murkier, as the courts have been extremely reticent to recognize any legitimacy to the concept. Now, if someone could actually prove that kaneh bosem, one component of the holy oil of the Israelites, is really cannabis, it might genuinely challenge the moral basis of prohibition.

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Comment #2 posted by druid on May 29, 2002 at 09:35:08 PT:

just Rastafarians?
I am curious if this ruling only has an effect on Rastafarians or if other religions like the Church of the Universe out of Canada or The Hawai'i Cannabis Ministry led by Roger Christie are also impacted by this.

I live in Idaho which is a state that happens to have a RFRA law on the books. I wonder if I could use the defense in court if I happen to use Cannabis religously.

Could someone please enlighten me on the current laws and if anyone is legally using Cannabis religiously in the United States?

I currently don't "belong" to any religion mainly for the fact that I haven't found one yet that doesn't consider the use of cannabis as "evil"(at least in Idaho). I use cannabis and I believe in God and would like to be able to mix the two legally and officially, not just hidden away in the privacy of my own home.

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Comment #1 posted by Dark Star on May 29, 2002 at 09:10:31 PT
Very Interesting
This will have to go to the Supremes. Otherwise, people might be blowing dope in Yosemite to treat their headaches, or apply cannabis resin to their blisters. Our whole society could be at risk of extinction due to this demonstration of moral heresy.

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