This Guide outlines some of the topics you may need to prepare for in order to have a successful legal defense in both federal (U.S.) and state (California) court for working as a medical marijuana minister or medical cannabis minister in a California medical cannabis collective, dispensary, or cooperative.

Exact material will vary greatly by religion. I provide examples from my own religion, although many of the examples may not apply to your religion. You will want to prepare your own defense, probably with the help of a lawyer skilled in first amendment and criminal law.

strict scrutiny

There are three additional ways to defend against unjust laws that won’t apply to all religions but may apply to my own religion.

The government tends to assume that a law is neutral regarding religion. It is my claim that the anti-drug laws in general were all created specifically for religious reasons and that they specifically target my religion on the basis of religious verses from the Jewish Torah and Christian Bible.

There is strict scrutiny to protect groups hat have traditionally been discriminated against. This would include my own religion.

There is no rational basis which was recently used to strike down California’s Proposition 8. This may apply to any religion.

legal standards

U.S. District Chief Judge Vaugh R. Walker struck down Proposition 8 using two standards of the law.

One standard Judge Walker used was that the law was based on so many unfounded claims that there was no rational basis for the law. This could be used against the federal law placing cannabis as a Schedule I drug. Francis Young, a DEA administrative law judge, ruled in 1988 that cannabis had no known danger (Docket # 86-22).

The other standard that Judge Walker used to strike down Poposition 8 was strict scrutiny.

Strict scrutiny is a test in discrimination cases holding laws to a higher standard when they adversely affect certain minority groups.

To meet strict scrutiny a law must be justified by a “compelling government interest” and must be “narrowly tailored” to meet that interest.

The tests for whether a minority is within a “suspect classification” are: (1) been historically targeted by discrimination; (2) a “discrete” and “insular” community; (3) be a minority for an unchangeable characteristic; and (4) lack the power to protect themselves using the political process. A qualifying group does not have to meet all four standards and other factors may be considered.

This obviously doesn’t apply to Christian medical marijuana ministers, but it certainly applies to Pagan and Witch medical marijuana ministers (including my own religion).

Kemetic or ancient Egyptian religion

There is a large section that discusses how my religion (Kemetic Witchcraft) should deserve strict scrutiny.

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warning:

The courts have already ruled in multiple cases that a person who starts preparing a religious defense (including gathering certificates and other paperwork) after arrest loses all chance to use the late religious defense. It is essential that you prepare your defense before you are arrested. Adequate preparation may even prevent arrest.

This website is concerned with religious matters and only obliquely discusses the law. I strongly recommend that medical marijuana ministers rely on a high quality lawyer.

I (Milo) use my own religion as an example, because this is the religion I know well. I strongly urge people to get together with their lawyer and prepare a similar discussion for their own religion. Again, my religion is only an example.

Good news: Many people over the years have successfully used Pr Ntr Kmt religious cannabis certificates. The author of this website has personally several times over more than a decade shown various police Pr Ntr Kmt documentation and the police have politely returned the religious cannabis. There are at least two Pr Ntr Kmt cannabis ministers who have been released after the police discovered several pounds of religious cannabis (although the police kept the cannabis). There are numerous real world successes.

Reality: If the government decides it wants to “get you”, then your only chance is if you can afford a really, really good lawyer.

The rights you heard about in grade school only apply if you can afford a great lawyer. Public defenders are under-budgeted and only want to process paperwork for plea bargains. They simply don’t have the time or money for trials.

We don’t want to discourage anyone from worshiping with cannabis, but we do want to strongly warn everyone that you have a significant risk of long term imprisonment or worse, especially outside of major industrialized nations.

Please act responsibly. Please hire a lawyer if you can possibly afford to do so.

These web pages contain religious advice. These web pages are not professional legal or medical advice. Nothing on this website should be considered as a substitute or replacement for professional medical, health, or legal advice. All persons should seek the advice of qualified medical, health, or legal providers.

If you spot an error in fact, grammar, syntax, or spelling, or a broken link, or have additional information, commentary, or constructive criticism, please contact Milo at PO Box 1361, Tustin, Calif, 92781, USA.


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CannabisClergy.com Guide for medical cannabis ministers and medical marijuana ministers