Newsflash

Department of Justice
July 25, 2006
The Honorable Ed Fallon
State Representative
1321 8th Street
Des Moines, Iowa 50314

Dear Representative Fallon:

Our office is in receipt of your recent request for an opinion of the Attorney General. You enclose two pages of legal research from a constituent, Carl Olsen, and ask that our office address the matter he raises related to the religious use of marijuana. The enclosure asks that the specific threats to public heath and safety posed by the Ethiopian Zion Coptic Church in growing, distributing, or using marijuana be identified. Unfortunately, we are unable to assist you in this way.

Ordinarily, we do not issue opinions on general legal issues, but require that the request pose "a concise question of state law of general significance." 61 Iowa Admin. Code I.5(3)(d). Further, it would be inappropriate for our office to use the opinion process to assess the circumstances under which "growing, distributing, or using marijuana" would be actionable under state or federal law. Questions about the enforcement of laws regarding marijuana should be resolved by the charging authorities in "other formal proceeding provided by law for resolution of the issue" and not through an opinion of the Attorney General. 61 Iowa Admin. Code 1.5(3)(a).

We regret that we cannot be of further assistance to you in this matter.

Sincerely,
JULIE F. POTTORFF
Deputy Attorney General
THOMAS J. MILLER
ATTORNEY GENERAL
AODRESS REPLY TO
HOOVER BU:LOING
DES MOINES. IOWA 50319
TELEPHONE: 515/281-5164
FACSIMILE: 515/281-4209

 

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Open Letter - September 2007
Written by Carl   
Sunday, 19 August 2007

September 1, 2007

Dear Governor Richardson,

We applaud your efforts in enacting a medical marijuana program in the State of New Mexico.

We think that a substantial number of people using marijuana for medical purposes also use it for spiritual healing. We wish to inform you that in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006), the United States Supreme Court recognized the drug laws must provide exceptions for religious use under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb et seq.

In United States v. Bauer, 84 F.3d 1549, 1559 (9th Cir. 1996), the United States Court of Appeals for the Ninth Circuit held that under the RFRA the marijuana laws must give way to religious freedom. This was confirmed again in 2002 in the case of Guam v. Guerrero, 290 F.3d 1210 (9th Cir. 2002).

A lot has happened since United States v. Bauer was decided in 1996. In 2000, Congress expanded the protection of the RFRA by enacting the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq., expanding the meaning of "religious exercise."

42 U.S.C. 2000cc-5(7)(A) states, "The term 'religious exercise' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief." The U.S. Supreme Court has interpreted this amendment to the RFRA in Cutter v. Wilkinson, 544 U.S. 709, 725 (2005), to mean the standard in United States v. Seeger, 380 U.S. 163, 185 (1965) ("courts in this sense are not free to reject beliefs because they consider them 'incomprehensible.' Their task is to decide whether the beliefs professed by a registrant are sincerely held and whether they are, in his own scheme of things, religious.")

Several United States District Court rulings have recognized a fundamental right to use marijuana under the Religious Freedom Restoration Act: United States v. Valrey, No. CR96-549Z (W.D. Wash. February 22, 2000), finding a fundamental right of a criminal defendant to use marijuana while on supervised release; United States v. Forchion, No. 04-949-ALL (E.D. Pa. July 22, 2005), finding the defendant's rights under the RFRA had been violated because the magistrate did not consider the impact of six of the conditions of release on the defendant's right to use marijuana; Multi Denominational Ministry of Cannabis and Rastafari v. Gonzales, No. C-06-4264 (N.D. Cal. February 2, 2007), recognizing the plaintiffs could make out a prima facie case under the RFRA for the religious use of marijuana.

We hope that you appreciate the opportunity the Religious Freedom Restoration Act provides the state of New Mexico to immediately put an end to federal interference with state medical marijuana legislation in the State of New Mexico. Anything we can do to be of assistance we will gladly do.

United Cannabis Ministries
http://www.cannabischurches.net/

Matthew R. Abel
Reverend Howard O. Baker
Jeffrey A. Brown
Rev. Tom Brown
David Cook
Roger Christie, Licensed specifically as a "Cannabis sacrament" Minister by the Hawai'i State Department of Health, number 00-313
Anna Dibble
Benny T. Guerrero
Victoria E. Hablitzel
David Jack
Daniel Jeffrey
Bryan Krumm CNP
Raymond H. Lakers
The Last Great Prophet i.e. Tim Maine
Milo, Sesh Per Ankh
Carl E. Olsen
Rev. Nick Osborne
Rev. Bud Palm
Danuel D. and Mary H. Quaintance
Rev. Jack Roberto
Rev. Michael D. Senger
Rev. William Bruce Shoop
Brenda Williams-Shoop, RN
Joshua J. Snider
Gregory J. Ward
Rev. Michael Paul Wilsman

Last Updated ( Sunday, 02 September 2007 )
 
All religions come from one
Written by Carl   
Tuesday, 21 August 2007

Brahmanism: This is the sum of duty: Do naught unto others which would cause you pain if done to you.: Mahabharata 5:1517

Christianity: Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets.: Matthew 7:12

Islam: No one of you is a believer until he desires for his brother what which he desires for himself. Sunnah

Buddhism: Hurt not others in ways that you yourself would find hurtful.: Udana Varga 5:18

Judaism: What is hateful to you, do not to your fellowmen. That is the entire Law; all the rest is commentary.: Talmud, Shabbat 31:a

Confucianism: Surely it is the maxim of loving-kindness: Do not unto others that you would not have them do unto you.: Analects 15:23

Taoism: Regard your neighbor's gain as your own gain, and your neighbor's loss as your own loss.: T'ai Shag Kan Ying P'ien

Zoroastrianism: That nature alone is good which refrains from doing unto another whatsoever is not good: for itself. : Dadistan-i-dinik 94:5

Wicca: An it harm none, do what thou wilt.: The Great Rede

"A human being is a part of the whole, called by us, "Universe," a part limited in time and space. He experiences himself, his thoughts and feelings as something separated from the rest -- a kind of optical delusion of his consciousness. This delusion is a kind of prison for us, restricting us to our personal desires and to affection for a few persons nearest to us. Our task must be to free ourselves from this prison by widening our circle of compassion to embrace all living creatures and the whole of nature in its beauty. Nobody is able to achieve this completely, but the striving for such achievement is in itself a part of the liberation and a foundation for inner security." : Albert Einstein - (1879-1955) Physicist and Professor, Nobel Prize 1921

There is a God and we believe in Him.  He is not a person nor a physical being.  He is spirit and He is universal intelligence.  Never deny that there is a God.  God being universal intelligence created the universe out of that intelligence.  It is intelligence that creates.  Man is a part of the creation of universal intelligence and man was created in the image and likeness of God only by his intelligence.  It is the intelligence of man that is like God, but man's intelligence is only a unitary particle of God's universal intelligence.

God out of His universal intelligence made matter and made mind.  That matter is made by God and man is matter as well as mind; then man must be in the image of God, because nothing could exist without God.  As God made the universe out of His universal knowledge or intelligence so man in his unitary knowledge or intelligence can make a typewriter, an automobile or a chair, but cannot make the universe because his unitary intelligence is not as much or as great as universal intelligence.  All the unitary intelligence of the universe goes to make God who is the embodiment of all intelligence, so no man can be as great as God because he is only a unit of God and God is the whole.

No man therefore can measure God nor ask God questions because he is not as intelligent as God and therefore cannot understand God.  It is presumptuous therefore, when man questions God from his limited unitary intelligence.

Man never dies.  Nothing dies.  Man is made of body and spirit.  The spirit is God.  It is intelligence.  The body of man is matter.  It changes from living matter in the man to other matter in the soil.  It is always the same matter.  It doesn't die in the sense of how we understand death.  It changes.  When man sleeps and passes away in the flesh he goes to earth that lives on, out of which other men and things are formed.  All matter is related so man is related to earth and earth related to man.  We eat ourselves over and over again.  When we eat the apple, the banana, the fig, the cherry, the grape, when we drink the water, we are eating and drinking ourselves over and over again, so nothing is lost and nothing dies, so do not be afraid of death, because what you call death is only change and you are still in the universe either in the spirit of God to whom your spirit goes after the change or as matter which goes on forever.

You are related to the flower, to the beautiful rose, to the trees, to the fish and to other animals just as you are related to God.

All of you sprung from God who is universal intelligence.  Do not be more cowardly than the rose, the apple, the coconut, the sheep, the fish or the cow to do that which all must, and which we call death, to die.  If you are going to weep to die then the rose should weep to die.  If you weep you are a coward.  Die like a man because you are not lost, you are still there.  You only weep because you are a glutton, because you think you will not get any more to eat and drink and any more happy times; just as you have been feeding upon things, and other beings who came here before you, so someone else must feed on you to make creation true, otherwise God would not be fair to everybody and everything, and God is fair and just and no respecter of persons or things.

Marcus Garvey: Life and Lessons, edited by Robert A. Hill and Barbara Bair (University of California Press, 1987), Pages 221-222.

Last Updated ( Thursday, 23 August 2007 )
 
Welcome to Cannabis Churches
Written by Web Master   
Saturday, 12 June 2004

Apologies for not keeping the site updated. Briefly, the Church of Cognizance is fighting a criminal case in Arizona, the Temple 420 is fighting a criminal case in California, the Green Earth Ministries is fighting a criminal case in Alabama, the Multi-Denominational Ministry of Cannabis and Rastafari is engaged in a federal civil action in California, the Ethiopian Zion Coptic Church is engaged in a federal civil action in Iowa, and Jeff Brown (a Rastafarian and former member of the Ethiopian Zion Coptic Church) is engaged in a federal civil action in Florida. All of these churches (with the exception of Jeff Brown) have links on our link page, so please feel free to visit them for more details until we can get this site updated.

Our Mission Statement:

Cannabis Churches are a group of organizations and individuals who are being persecuted for using Cannabis as our Sacrament. We work to minimize and then eliminate the cruel injustice society forces on people who are practicing personal religious beliefs that injure no one and pose no threat to public health and safety. We provide education, information, support, and advice to help people defend their fundamental right to life, liberty, and property that have been falsely subverted.

Disclaimers:

We are not a church, nor do we charter any new churches. If you came here because you want to join a church, please use the links section of this website to find a church that agrees with your individual beliefs. If you came here because you want to start a church, please use the links section of this website to contact existing churches for examples. If you are an organization which consideres itself to be a church, we welcome you. If you are an individual who considers yourself to be an autonomous church, we welcome you.

The only requirement for joining Cannabis Churches is some kind of public declaration that Cannabis is your Sacrament. There is no cost for joining Cannabis Churches (declaring that Cannabis is your Sacrament has probably cost you enough already).

The only rule we have is that there will be absolutely no discussions of theology here. We are united strictly for the purpose of discussing our common legal situation. It is assumed by joining this group that you can meet the first prong of the "Compelling Interest Test" which is a sincerely held religious belief in the use of Cannabis as a Sacrament (the practice of which is being denied or threatened in the jurisdiction in which you reside or conduct your affairs). The second prong of the "Compelling Interest Test" is that the practice of your religion does not present a threat to public health and safety (proof that you injured someone, for example). We can't imagine how you could pose a threat to someone by using Cannabis as your Sacrament - we are just letting you know that this is the legal standard for the "Compelling Interest Test".

The reason we created this organization is because none of the major cannabis reform groups support people who use Cannabis as their Sacrament. Groups such as the Marijuana Policy Project and the Drug Policy Alliance do not have any programs in place to help people who are being persecuted for using Cannabis as a Sacrament, so we are assuming responsibility for this unique group of Cannabis users (NORML has started to get involved, so we appreciate their interest).

Last Updated ( Wednesday, 18 April 2007 )
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