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April 16, 2008

Circuit in mile-high city dodges RFRA claim by high-times church

Though not dealing with a sentencing issue, I cannot help but spotlight this first paragraph of the background section in this new Tenth Circuit ruling:

The defendants were charged in a two-count indictment with conspiring to possess and actual possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846.  In their motion to dismiss the indictment, the defendants argued they are members of the Church of Cognizance and sincerely believe cannabis is a deity and sacrament essential to the practice of their religion.  The defendants further argued that this enforcement of the Controlled Substances Act is contrary to RFRA because it substantially burdens their free exercise of religion, without furthering a compelling government interest.

Readers will have to click through to the opinion to get the full story of how the ganja gods faired in this case.

April 16, 2008 at 03:07 AM | Permalink


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