CannabisClergy.com
Guide for medical cannabis ministers
and medical marijuana ministers
This is a Guide for medical cannabis ministers and medical marijuana ministers.
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.
IRS Test
The government can question whether or not the beliefs are religious in nature. The IRS has a set of guidelines to determine if an organization is a legally valid church.
Once again these tests are highly biased towards the Roman Catholic Church, the religion of a six member majority of the U.S. Supreme Court.
My own religion passes about one third of these rules, even though it is much older tthan the Roman Catholic Church.
legal standards
The IRS guidelines for a legally valid church:
“a distinct legal existence,” —IRS definition of a church
“a recognized creed and form of worship,” —IRS definition of a church
“a definite and distinct ecclesiastical government,” —IRS definition of a church
“a formal code of doctrine and discipline,” —IRS definition of a church
“a distinct religious history,” —IRS definition of a church
“a membership not associated with any other church or denomination,” —IRS definition of a church
“an organization of ordained ministers,” —IRS definition of a church
“ordained ministers selected after completing prescribed studies,” —IRS definition of a church
“a literature of its own,” —IRS definition of a church
“established places of worship,” —IRS definition of a church
“regular congregations,” —IRS definition of a church
“regular religious services,” —IRS definition of a church
“Sunday schools for religious instruction of the young,” —IRS definition of a church
“school for the preparation of its ministers.” —IRS definition of a church
In summary, the IRS criteria are hopelessly flawed. They favor large, well-established, high or formal churches and discriminate against small, new, unconventional, informal or low churches. The Christian churches of the New Testament at Philippi, Corinth, and Thessalonica arguably would not meet the first through eighth, tenth, eleventh, and fourteenth criteria of the IRS test. The criteria are conceptually flawed and should be abandoned. In their place, the IRS should use a simpler, broader, and more constitutionally acceptable definition. — by Bruce J. Casino, International Coalition for Religious Freedom
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 law is whatever the government decides the law is.
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.
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.
Get a Pr Ntr Kmt certificate as proof that your cannabis religion is real.
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.
