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THE RELIGIOUS USE OF MARIJUANA IS LEGAL

Per the

FREEDOM OF RELIGION AND RESTORATION ACT of 1993

(42 U.S.C.A. § 2000bb(a))


9th Circuit Court of Appeals Rules Religion May Be Defense to Marijuana Possession

IN THE COURTS

March 1996

The U.S. Court of Appeals for the Ninth Circuit ruled on February 2 that under the Religious Freedom Restoration Act of 1993, Rastafarian defendants should be allowed to show that they use marijuana for bona fide religious reasons in their defense against charges of possession of marijuana (U.S. v. Bauer, No. 94-30073, 96 C.D.O.S. 756, 1996WL42240 (9th Cir. 1996); http://www.law.vill.edu/Fed-Ct/Circuit/9th/opinions/9430073.htm; Reynolds Holding, "Rastafarian Pot Could Be Legal," San Francisco Chronicle, February 3, 1996, p. A14; "Marijuana For Religious Reasons," Washington Post, February 5, 1996, p. A10; Associated Press, "Court: Rastafarians Can Hold Marijuana," Chicago Tribune, February 4, 1996, p. 9).

Acting on two tips, police initiated an investigation of marijuana trafficking from Mexico to Billings , Montana . As a result of the investigation, 26 people were indicted in November 1992 on a number of charges, including conspiracy to manufacture and distribute marijuana, money laundering, use of firearms in relation to drug trafficking, and possession with intent to distribute marijuana.

Three of the defendants, Calvin Treiber, Dawn Meeks, and Lexi Bauer, appealed on the grounds that they possessed the marijuana in the course of practicing their religion, Rastafarianism. The Court of Appeals found that Rastafarianism is a recognized religion that considers marijuana a sacrament.

In 1993, Meeks had requested the district court to provide funds for expert testimony on the use of marijuana in Rastafarianism. The district court denied that motion and granted a government motion to prevent any religious defense to the charges. The defendants' trial started on October 3, 1993 . On November 17, 1993 , the defendants notified the court that President Clinton had signed the Religious Freedom Restoration Act on November 16, 1993 . The Act declares that "governments should not substantially burden religious exercise without compelling justification," i.e. government interest. Further, the Act allows for persons who find that a law does "substantially burden" their free exercise of religion to present evidence of such at trial (P.L. 103-141; 42 U.S.C. 2000bb-1). The district court refused to reconsider its ruling on the government's motion.

Post-conviction, the defendants argued that laws regulating marijuana greatly interfere with the ability of Rastafarians to practice their religion. The district court ruled that "the government has an overriding interest in regulating marijuana." The court quoted a 1967 Fifth Circuit decision: "It would be difficult to imagine the harm which would result if the criminal statutes against marihuana were nullified as to those who claim the right to possess and traffick in this drug for religious purposes. For all practical purposes the anti-marihuana laws would be meaningless, and enforcement impossible" (Leary v. U.S., 383 F.2d 851 (5th Cir. 1967), rev'd on other grounds, 395 U.S. 6 (1969)).

The Court of Appeals three judge panel was unanimous that the defendants should have been allowed to present evidence of their religious use of marijuana at trial. Judge John T. Noonan, Jr., writing for the court, found that under the Religious Freedom Restoration Act, the government would be required to show that the burdens on the defendants' religion were in the course of furthering the government's interest and that the laws were the "least restrictive means of furthering that compelling government interest." While the defendants may use the religious argument in their defense of simple possession charges, Noonan wrote that the same argument cannot be applied to other charges of conspiracy to distribute, possession with intent to distribute, and money laundering. "Nothing before us suggests that Rastafarianism would require this conduct," he wrote.

Noonan ordered that the defendants be retried on the simple possession charges. At such trial, Noonan wrote, the government can challenge whether the defendants are Rastafarians. "It is not enough in order to enjoy the protections of the Religious Freedom Restoration Act to claim the name of a religion as a protective cloak," Noonan wrote. "Neither the government nor the court has to accept the defendants' mere say-so."

The defendants appealed on a number of other grounds, including inappropriate peremptory challenges to the jury by the prosecution, misleading jury instructions, and selective prosecution. The Court of Appeals found no grounds for any of these arguments.

  Marijuana & the Bible




What is the Word of God on the Cannabis plant?

The hemp plant (scientific name: cannabis, slang: marijuana) is one of the many useful herbs "yielding seed after its kind" created and blessed by God on the third day of creation, "and God saw that it was good." (Genesis 1:12) He gave hemp for people to use with our free will.

God said, "Behold, I have given you every herb bearing seed which is upon the face of all the earth.…To you it will be for meat." … And God saw everything that he had made, and, behold, it was very good. (Genesis 1:29-31) The Bible predicts some herb's prohibition. "Now the Spirit speaketh expressly, that in the latter times, some shall … speak lies in hypocrisy … commanding to abstain from meats which God hath created to be received with thanksgiving of them which believe and know the truth. (Paul: 1 Timothy 4:1-3)

The Bible speaks of a special plant. "I will raise up for them a plant of renown, and they shall be no more consumed with hunger in the land, neither bear the shame of the heathen any more." (Ezekiel 34:29) A healing plant. On either side of the river, was there the tree of life, which bare 12 manner of fruits, and yielding her fruit every month; and the leaves of the tree were for the healing of the nations. (Revelations 22:1-2) A gift from God.

How was cannabis used in Biblical times and lands?

Cannabis was used 12 ways: clothing, paper, cord, sails, fishnet, oil, sealant, incense, food, and in ceremony, relaxation and medicine. For so the Lord said unto me, "I will take my rest and I will consider in my dwelling place like a clear heat upon herbs. For afore harvest, when the bud is perfect and the sour grape is ripening in the flower, he shall cut off the sprigs with pruning hooks and take away and cut down the branches." (Isaiah 18:4-5)

What about cannabis today?

Hemp today has thousands of uses. Modern technology has devised many new uses for the hemp plant&emdash;like biomass energy, building materials, fuel, plastic and so on. Hemp is ecological and its seed is among the best food crops on Earth. Selected varieties produce flowers that provide an herbal relaxant and a spiritual tool. Its herb is used globally as medicine.

Does the Bible discuss drugs?

Alcohol is the only drug openly discussed in the Bible, so it must serve as our reference. Wine is drunk during religious occasions such as Passover &emdash; the Last Supper of Jesus and His disciples. It remains a sacrament in modern church services.

Jesus began his public life by miraculously turning water into wine at the Wedding at Cana (John 2:1-10) when the reception ran out. The Bible distinguishes between use and misuse. It says, Give strong drink unto him that is ready to perish and wine unto those that be of heavy hearts. (Proverbs 31:6-7) but Woe unto them that … follow strong drink; that continue until night, till wine inflame them! (Isaiah 5:10)

Yet the simple joys of drinking were also sung. He causeth the grass to grow for the cattle, and herb for the service of man: that he may bring forth food out of the earth; And wine that maketh glad the heart of man and oil to make his face to shineth. (Psalm 104:14-15)

Did Jesus speak about choice?

He said not to criticize other people for their habits. "Not that which goeth into the mouth defileth a man; that which cometh out of the mouth defileth a man." (Mat. 15:11) The apostle Paul wrote, I know, and am persuaded by the Lord Jesus, that there is nothing unclean of itself: but to him that esteemeth anything to be unclean, to him it is unclean. … For the kingdom of God is not meat and drink; but righteousness, and peace, and joy in the Holy Ghost. (Paul: Romans 14:14,17)

Did He speak of government?

Jesus said to keep church and state apart. "Render therefore unto Caesar the things which be Caesar's and unto God the things which be God's." (Luke 20:25) As we have seen, it was God, not government, who gave man the herbs to use. And it was government that put Jesus to death.

Property forfeiture laws?

He warned us about seizure and forfeiture laws. "Beware of the scribes which …devour widows' houses…. The same shall receive greater damnation." (Luke 20:46-47) Jesus, too, was a victim. The soldiers, when they had crucified Jesus, took His garments, and made four parts, to every soldier a part. (John. 19:33)

What about the Drug War?

Blessed are the peacemakers. (Matthew 5:9)

It was God who created cannabis hemp and told mankind to use "every green herb" on Earth. The Bible speaks of mercy, healing and a persecution of God's children. They persecute me wrongfully; help thou me. (Psalms 119:86) Prisons and drug wars do not save souls. The Lord… hath sent me to bind up the broken hearted, to proclaim liberty to the captives and the opening of the prison to them that are bound. (Isaiah 61:1)

What should the ministry do?

Teach God's truth. Warn your congregation that the war on marijuana is unchristian and must be ended. My people are destroyed for lack of knowledge; because you have rejected knowledge, I will also reject you, that you will be no priest to Me … for I desired mercy and not sacrifice. (Hosea 4:6, 6:6)

Remember: Every creature of God is good, and nothing to be refused if it be received with thanksgiving…. If thou put the brethren in remembrance of these things, thou shalt be a good minister of Jesus Christ, nourished up in the words of faith and of good doctrine. (Paul: 1 Timothy 4:4-6)


Summary analysis of the foregoing discussion

What does the Bible say about marijuana? The Bible says that God created hemp for people to use "as meat," (ie, to consume), that its seed oil is to be used as an ointment, and that cannabis is "to be received with thanks-giving of them which believe and know the truth." Paul also warned that some people would "speak lies in hypocrisy" and prohibit us from using it.

It also says that we "shall not bear false witness" about people who use cannabis, nor judge them because that judgement is reserved to the Lord. The Lord hates those who speak lies and sow discord among brethern. For those people harrassed and imprisoned for using cannabis rightfuly, Jesus offers these words of comfort, "Blessed are those persecuted for righteousness's sake: For theirs is the Kingdom of Heaven ."

What would Jesus do regarding medical marijuana?

Despite common knowledge and widespread scientific support, the federal government has for nearly 30 years kept cannabis in schedule 1 as a deliberate way to deny patients access to medical marijuana. This includes people suffering from asthma, cancer, migraine headache, chronic pain, spasticity, glaucoma, arthritis, and provides relief for many other conditions. As a result, people at various locations across the USA have had to risk and suffer years in prison for providing medical marijuana to patients as an act of compassion and personal conscience. What would Jesus do? He chose to break the law in order to heal the sick.

"At that time Jesus went on the sabbath day through the corn, and his disciples were hungered, and began to pluck the ears of corn, and to eat. 2) But when the Pharisees saw it, they said unto him, Behold, thy disciples do that which is not lawful to do upon the sabbath day 3) But he said unto them, Have ye not read what David did, when he was hungered, and they that were with him? … 10) And, behold, there was a man which had his hand withered, And they asked him, saying, Is it lawful to heal on the sabbath days? that they might accuse him. 11) And he said unto them, What man shall there be among you, that shall have one sheep, and if it fall into a pit on the sabbath day, will he not lay hold on it and lift it out? 12) How much then is a man better than a sheep? Wherefore it is lawful to do well on the sabbath days. 13) Then saith he to the man, Stretch forth thine hand. And he stretched it forth; and it was restored whole, like as the other. 14) Then the Pharisees went out, and held a council against him, how they might destroy him. 15) But when Jesus knew it, he withdrew himself from thence, and great multitudes followed him, and he healed them all; 16) And charged them that they should not make him known." (Matthew 12: 1-2, 10-16) (also see Mark 3, Luke 13, John 9)

Should people give blind obedience to government?

Then came to Jesus scribes and Pharisees, which were of Jerusalem , saying, 2) Why do thy disciple transgress the tradition of the elders? for they wash not their hands when they eat bread." 3) But he answered and said unto them, Why do ye also transgress the commandment of God by your tradition? … 7) Ye hypocrites! … 12) Then came his disciples, and said unto him, Knowest thou that the Pharisees were offended, after they heard this saying? 13) But he answered and said, Every plant, which my heavenly Father hath not planted, shall be rooted up. 14) Let them alone: they be blind leaders of the blind, And if the blind lead the blind, both shall fall into the ditch. (Matthew 15:1-3, 7, 12-14)


Passages from the King James Bible that are relevant
to the legal and moral status of Cannabis sativa, L.

And the earth brought forth grass and herb yielding seed after its kind, and the tree yielding fruit, whose seed was in itself, after his kind: and God saw that it was good. (Genesis 1:12)

God said, "Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree in which is the fruit of a tree yielding seed; to you it shall be for meat. And to every beast of the earth, and to every fowl of the air, and to everything that creepeth upon the earth, wherein there is life, I have given every green herb for meat: and it was so." And God saw everything that he had made, and, behold, it was very good. And the evening and the morning were the sixth day. (Gen. 1:29-31)

(No prohibition of cannabis or any other drug is made in the Ten Commandments: See Ex. 20:1-17)

(Cannabis is mentioned in Ex. 30:23 but King James mistranslated it as 'sweet calamus') :
Moreover, the Lord spake unto Moses, saying, 23 Take thou also unto thee principal spices, of pure myrrh five hundred shekels, and of sweet cinnamon half so much, even 250 shekels, and of qaneh-bosm [cannabis] 250 shekels, 24 And of cassia 500 shekels, after the shekel of the sanctuary, and of oil olive an hin: 25 And thou shalt make it an oil of holy anointment, an ointment compound after the art of the apothecary: it shall be an holy anointing oil. 26 And thous shalt anoint the tabernacle of the congregation therewith, and the ark of the testimony, 27 And the table and all his vessels, and the candlestick ahd his vessels, and the altar of incense, 28 And the altar of burnt offerings with all his vessels, and the laver and his foot. 29 And thou shalt sanctify them, that they may be most holy: whatsoever toucheth them shall be holy. (Exodus 30:22-29)

* As one shekel equals approximately 16.37 grams, this means that the THC from over 9 pounds of flowering cannabis tops were extracted into a hind, about 6.5 litres of oil. The entheogenic effects of such a solution -- even when applied topically -would undoubtedly have been intense.

He causeth the grass to grow for the cattle and herb for the service of man: that he may bring forth food out of the earth; And wine that maketh glad the heart of man and oil to make his face to shineth. (Psalm 104:14-15)

The Lord said unto me, "I will take my rest and I will consider in my dwelling place like a clear heat upon herbs, and like a cloud of dew in the heat of harvest. For afore the harvest, when the bud is perfect and the sour grape is ripening in the flower, he shall cut off the sprigs with pruning hooks and take away and cut down the branches. (Is. 18:4-5)

And I will raise up for them a plant of renown, and they shall be no more consumed with hunger in the land, neither bear the shame of the heathen any more. (Ezekiel 34:29)

(Jesus:) "Not that which goeth into the mouth defileth a man; but that which cometh out of the mouth, this defileth a man." (Matt. 15:11)

One believeth that he may eat all things. Another…eateth herbs. … Let us not, therefore judge one another any more: but judge this rather, that no man put a stumbling block or an occasion to fall in his brother's way. I know, and am persuaded by the Lord Jesus, that there is nothing unclean of itself: but to him that esteemeth anything to be unclean, to him it is unclean. For the kingdom of God is not meat and drink; but righteousness and peace and joy in the Holy Ghost. (Epistle of St. Paul : Romans 14: 2,3,13,14,17)

Now the Spirit speaketh expressly, that in the latter times, some shall depart from the faith, giving heed to seducing spirits, and doctrines of devils; Speaking lies in hypocrisy; having their conscience seared with a hot iron; Forbidding to marry, and commanding to abstain from meats which God hath created to be received with thanksgiving of them which believe and know the truth. For every creature of God is good, and nothing to be refused if it be received with thanksgiving: For it is sanctified by the word of God and prayer. If thou put the brethren in remembrance of these things, thou shalt be a good minister of Jesus Christ, nourished up in the words of faith and of good doctrine, whereupon thou hast attained. (Paul: 1 Timothy 4:1-6)

And he showed me a pure river of water of life, clear as crystal, proceeding out of the throne of God and of the Lamb. In the midst of the street of it, and on either side of the river, was there the tree of life, which bare twelve manner of fruits, and yielding her fruit every month; and the leaves of the tree were for the healing of the nations. (Rev. 22:1-2)

Other relevant quotes:

Intoxication:

Wine is a mocker, strong drink is raging: and whosoever is deceived thereby is not wise. (Prov. 20:1)

Give strong drink unto him that is ready to perish and wine unto those of heavy hearts. Let him drink and forget his poverty, and remember his misery no more. (Prov. 31:6-7)

"Woe unto them that rise up early in the morning, that they may follow strong drink; that continue until night, till wine inflame them! (Isaiah 5:10)

(Jesus' first miracle was turning water into wine at the wedding at Cana : See John 1-10. He also served wine at the Last Supper.)

Prohibition:

(Jesus:) He said unto them, "Render therefore unto Caesar the things which be Caesar's and unto God the things which be God's." (Luke 20:25)

"Then came Peter to him and said, "Lord, how oft shall my brother sin against me, and I forgive him? Till seven times? Jesus saith unto him, "I say not unto thee until seven times: But until seventy times seven." (Matt. 18:21-22)

(Jesus:) "If a kingdom be divided against itself, that kingdom cannot stand." (Mark 3:24 )

(Jesus:) He saith unto them, "Are ye so without understanding also? Do ye not perceive that whatsoever thing from without entereth into the man, it cannot defile him.... That which cometh out of the man, that defileth the man." (Mark 7:18-20)

Forfeiture:

As troops of robbers wait for a man, so the company of priests commit murder in the way by consent. (Hos. 6:9)

(Jesus:) "Beware the scribes which desire to walk in long robes and … the highest seats in the synagogues and the chief rooms at feasts; Which devour widows' houses, and for a show make long prayers: They shall receive greater damnation." (Luke 20:46-47)

Then the soldiers, when they had crucified Jesus, took His garments, and made four parts, to every soldier a part. (John 19:33)

Persecution:

Thy commandments are faithful: They persecute me wrongfully; help thou me. (Ps. 119:86)

(Jesus:) "Blessed are the peacemakers, for they shall be called the children of God. Blessed are those persecuted for righteousness' sake: For theirs is the kingdom of heaven." (Matthew 5:9-10)

(Jesus:) "The King shall answer and say unto them, 'Verily I say unto you, inasmuch as ye have done it unto one of the least of these my brethern, ye have done it unto me." (Matt. 25:40)

Tolerance:

These six things doth the Lord hate: yea, seven are an abomination unto him: A proud look, a lying tongue and hands that shed innocent blood; An heart that deviseth wicked imaginations, feet that be swift in running to mischief; A false witness that speaketh lies, and he that soweth discord among brethern." (Prov. 6:16-19)

(Jesus:) "But I say unto you which hear, Love your enemies, do good to them which hate you, Bless them that curse you and pray for them which despitefully use you. And unto him that smiteth thee on the one cheek, offer also the other, and him that taketh away thy cloak, forbid not to take thy coat also." (Luke 6:27-29)

Truth:

A wise man will hear, and will increase learning: and a man of understanding shall attain unto wise counsels. (Proverbs 1:5)

If a ruler hearken to lies, all his servants are wicked. (Prov. 29:12)

Judgement & Punishment:

The spirit of the Lord God is upon me, because the Lord hath anointed me to preach good tidings unto the meek; he hath sent me to bind up the broken hearted, to proclaim liberty to the captives and the opening of the prison to them that are bound." (Is. 61:1)

My people are destroyed for lack of knowledge; because you have rejected knowledge, I will also reject you, that you will be no priest to Me…for I desired mercy and not sacrifice. (Hosea 4:6, 6:6)

(Jesus:) "Judge not, that ye be not judged. For with what judgement ye judge, ye shall be judged: And with what measure ye mete, it shall be measured to you again. And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?" (Matt. 7:1-4)

(Jesus:) He beheld them and said, "What is this then that is written, 'The stone which the builders rejected, the same is become the head of the corner'?" (Luke 20:17)


THE SAN FRANCISCO EXAMINER

(May28th, 2003)

Rastafarians hit it big in pot fight

BY DAVID KIEFER
Of The Examiner Staff

   

It's illegal to smoke ganja in Jamaica . At the Presidio, it's a different story. After all, it's freedom of religion -- if you're a Rastafarian, and have the dreadlocks to prove it.

Yep, those days of hiding that certain smell from your landlord are over. Rastafarians can now smoke out in the great outdoors as long as they keep it on federal land -- wink, wink -- and they have Benny Toves Guerrero to thank for the action.

Guerrero was arrested at the
Guam airport for marijuana possession, but his appeal to the Ninth U.S. Circuit Court of Appeals ended favorably Tuesday.

The court ruled that Congress had the power to make religious exemptions to existing laws. The result: A loophole allowing the smoking of weed -- a spiritual offering in the Rastafarian religion -- on federal land.

Around the Rastafarian community Wednesday, the court ruling was being savored like a long, slow toke.

"That's what I was telling you this morning," said a friend trying to help Jamaica native Glendon Codling, who was selling necklaces from a table on Market and Fifth streets Wednesday, fully realize the effect of the decision. "Can I be a Rasta?"

Unfortunately, Codling's Caucasian buddy might not pass muster. In other words, don't expect an influx of new converts.

"A Rasta comes with the hair," said Newton Gordon, Jamaica 's honorary consul to San Francisco . "You don't see a Rasta with a nice crew cut."

But they do have pot. It's an integral part of the Rasta religion, and now, they don't have to hide it anymore. They can go to Ocean Beach , Crissy Field, Point Reyes , even the Farallons, and light a doobie.

"In Jamaica , it's a lot like food," Codling said. "It's like relaxation. But in Jamaica you get in big, big trouble."

You mean in the home of Bob Marley it is illegal to smoke pot? Codling was asked.

"Yes," he said, musing about the idea of being able to light one up near the Golden Gate Bridge .

Gordon explained that the law was implemented as a means to avoid a strong dependence on Colombian drug lords.

"But everybody looks the other way," Gordon said. "In Jamaica , no one's going to arrest you for smoking pot."

No one will here either, just watch where you're standin