Religious Use Of Marijuana Court Case Gets Sent To Lower Court

sadhus smoking marijuana


Using Marijuana For Religious Purposes Gets A Review

It looks like a case involving a Native American religious group seeking an exemption from federal marijuana laws is not over yet. Essentially, in 2009, the feds intercepted a FedEx package bound for the Oklevueha Native American Church. The police destroyed the package. As the Wall Street Journal points out, 'No one was charged in connection with the marijuana seizure, and a Justice Department lawyer said in court hearings that no investigation was pending.'

The person the package was mailed to, Michael Rex “Raging Bear” Mooney filed a lawsuit against the heads of the Justice Department and the Drug Enforcement Administration (DEA). The lawsuit sought to bar the feds from enforcing marijuana laws against the church under the First Amendment's right to freedom of religion.

“The seizure of Plaintiffs’ marijuana that has already occurred creates a justiciable case and controversy about plaintiffs’ constitutional and statutory entitlement to use marijuana for religious purposes,” wrote Judge Mary Murguia for the three-judge panel in the ruling Monday. The case has been remanded down to the lower court for review without any opinion about the case itself. Considering the lower case threw it out entirely the first time, hopefully now they will take a closer look.

If this case is decided favorably towards the religious mj community, it would be a huge day for not only religious marijuana users, but also for the First Amendment. People should be able to worship as they please within reason. If you are part of an ax murderer cult, no matter how sincerely held your beliefs are, I have a hard time supporting you. But if you want to consume marijuana at a place of religious gathering or in private, I don't see how anyone could be against that. I wonder how Temple 420 Pastor Craig Rubin feels about this? Below is a video about his ministry.