cannabisnews.com: U.S. Hears Guam Marijuana Case





U.S. Hears Guam Marijuana Case
Posted by FoM on November 07, 2001 at 21:48:20 PT
By Rosemarie Bernardo
Source: Star-Bulletin
Rastafarians smoke marijuana in a rite as common as communion for Catholics, an attorney of the American Civil Liberties Union said after a first-of-its-kind hearing before the 9th U.S. Circuit Court of Appeals."Marijuana is a common necessary sacrament to the Rastafarian religion," said Graham Boyd, director of the ACLU's Drug Policy Litigation Project. At a hearing in the 9th Circuit courtroom in Honolulu yesterday, ACLU attorneys argued a Guam resident's right to smoke marijuana. 
The territory of Guam is trying to overturn territorial court rulings dismissing criminal charges against Benny Toves Guerrero. This is the first case of its kind to be heard by any federal court, Boyd said. According to Boyd, Guerrero was returning to Guam from Hawaii on Jan. 2, 1991. Upon arrival at the A.B. Won Pat Guam International Airport, custom officials became suspicious after observing Guerrero carrying a book on Rastafarianism and marijuana. Officials searched his bag and discovered a seven-ounce bag of marijuana. Guerrero, whose Rastafarian name is Ras Iyah Ben Makhana, was arrested and charged with importation of a controlled substance.Guerrero moved to dismiss his indictment, stating prosecution violated his right to exercise his religion under the Constitution of Guam and the Religious Freedom Restoration Act of 1993.A lower court agreed. On Sept. 8, 2000, the Supreme Court of Guam ruled the use of marijuana by a Rastafarian for religious purposes is protected under the Free Exercise Clause of the Constitution of Guam. The Guam government then appealed the ruling to the 9th Circuit.Guerrero, who is in his mid-40s, has been a follower of Rastafarianism for 19 years, Boyd said.Rastafarianism originated in Jamaica. Followers of the Rastafarian religion smoke marijuana for spiritual purposes and as a sacrament of their faith. Guam should be allowed to guarantee individuals the right to use marijuana for religious purposes without fear of federal interference, Boyd said. "If he loses his case, it will really affect him from practicing his religion ... We're a religious, diverse nation and one of the cornerstones of democracy is tolerance," he said.At the hearing, ACLU attorney Nelson Tebbe said federal courts have historically recognized the competence of territorial supreme courts to rule on matters of local tradition and culture."Rastafarianism is a legitimate religion," he added. "Our client Ras Makhana is a devout adherent to this religion, and the use of marijuana as a sacrament is necessary for the practice of his faith. Guam's high court is best suited to understand and appreciate the unique customs of its people.""There is a question of whether federal court is going to interfere with the Guam court," Boyd said. "It's time to allow Guam courts to make their own decisions concerning Guam laws."Boyd said Guam's argument is that its Bill of Rights does not protect Guerrero's religious freedom. Tricia Ada, who is representing Guam, could not be reached for comment.Three judges of the 9th U.S. Circuit Court of Appeals are expected to issue a ruling on the case in three to six months.Note: The court listens to an appeal against a Rastafarian seeking freedom of religion. Newshawk: Ras Iyah Ben Makahna Source: Honolulu Star-Bulletin (HI)Author: Rosemarie BernardoPublished: November 6, 2001 Copyright: 2001 Honolulu Star-BulletinContact: letters starbulletin.comWebsite: http://www.starbulletin.com/Related Articles & Web Site:ACLUhttp://www.aclu.org/Jamaican Plan to Legalise Use of Marijuanahttp://cannabisnews.com/news/thread10779.shtmlRastafarian Wins Religious Defense http://cannabisnews.com/news/thread7042.shtml
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Comment #2 posted by raidmiester on November 08, 2001 at 04:52:30 PT
hallucinations
I remember my first hit. The non-stop giggles. The dry mouth that made my top lip stick above my top front teeth. The warm energy buzz in my stomach and a feeling of peace and well being. I remember leaving my friends and getting on a bus. I was the only one on the top deck. I was still feeling really good and without my personal stereo I could hear music. A cool rhythmic beat making me sway in contentment. Then to my left appeared a puppet on a string sitting on the back seat. Now at the time I knew that it was all in my imagination therefore the description of hallucinations seeming to be "real" would conclude that they were not hallucinations. Anyway. The positive consequence of all of this was that I then went on a journey of self-discovery becoming aware of all of my thoughts. Visual, sounds, feelings, taste and smell. It's amazing how changing how I represent things in my mind can change my feelings towards them. Well my bus journey is almost at the next stop. Full consciousness central.
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Comment #1 posted by p4me on November 07, 2001 at 23:27:36 PT:
justice delayed is justice denied
It is going to take three to six months for the judges to make up their minds. I sure would hate to be behind them at the drive-through at McDonalds.Of course I am going to say that marijuana should be legal in the first place. It just shows that the pill industry doesn't care about clogging the justice system or justice as a matter of constitutional right. Arrested in 1991 and still being tried. 
 The only thing that matters to the pill industry is that people turn to manufactured products that produce them a profit. Wouldn't you say an industry that spends $8 billion a year in advertising is a heck of a pusher. Two million school children taking ritalin and whatever. We sure didn't have full-time nurses issuing medicine during school when I grew up. But that was before the pushers took over. It is also a power that has corrupted our whole political process. You can order a pair of shoes from anywhere in the world, but try to apply that to medicine and you here the FDA say -"We have a duty to the American Public." Where do I sign to be released from your protection FDA. I would like to order some medicine from the UK and forget about protecting the profits of the American pill industry. Actually I would like to grow something that normally would be called an herbal supplement like garlic, kava kava, or St. John's Wort. The fact that this herb would reduce the pill industries profits is not significant to me. The fact that this herbal remedy is more useful than any other dietary supplement or herbal remedy no reason to try to lie it out of existance or to abuse the people that desire what it does for them. I do agree that the number one health risk associated with marijuana is particle inhalation. If it could be purchased at a reasonable price many people would eat it. I have also stated before that there should be an immediate removal of vaporizers as paraphanalia in order to reduce the main health concern with the use of marijuana. And of course that is pragmatism and that is an irrelevant concern.Since I will not post anything else at Cnews today, I wanted to raise the issue of marijuana as a hallucinogen. Of course it either is or isn't. It has been taught to at least one state-employed councelor that it is a hallucinogen and an article that ran here maybe 10 days ago from out of Hawaii said it is not. Something that is hallucinogenic causes halucinations. A hallucination from the dictionary- "the experience of seeing or hearing things that seem to be real but do not actually exist. I agree with the earlier article that MJ is not a hallucinogen. How about everyone else. The booklet on marijuana from Hawaii mentioned in the article is located at http://www.dpfhi.org Of course I am still wondering how MJ is a Schedule 1 Narcotic despite the fact that it has medicinal value that should exclude it from that catagory. I am still hoping some lawyer will bring up the legal discusion as to why this situation has not been changed.As always I encourage you to vote against all the incumbents in the next election. Many good people will not run because the money of political interest get behind an incumbent juat because he is the incumbent. Vote against the moneyed incumbents just to let the good citizens come foward and have a chance to win. Does anyone else see a way to dislodge the entrenched power? 
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