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.
Religious Beliefs
The government can question whether or not the beliefs are religious in nature.
The three basic tests to qualify for protection under the federal Religious Freedom Restoration Act (RFRA) are: (1) the government burdens a (2) sincerely held (3) religious belief.
The government seems to normally challenge whether or not your beliefs are religious.
The most common test is the so-called Meyers’ Test.
legal standards
The U.S. Supreme Court requires that you must have a sincerely held religious belief. Milo, author of CannabisClergy.com, offers free information on ancient and modern practices so that you can learn and be prepared to defend your belief.
The legal standard in the Religious Freedom Restoration Act is that beliefs must be religious.
qualifications
You must be able to demonstrate in court that you understand your religious beliefs and that your beliefs are religious, rather than philosophical or just a lifestyle. A major goal of this web site is to provide that detailed information for a wide variety of possible religious beliefs.
cases
In June 1993, the U.S. Supreme Court held that a state law banning a religious practice where other individuals are allowed to do the same thing for a secular purpose cannot withstand constitutional scrutiny without a showing of compelling state interest. Church of Lukumi Babalu Ave. v. City of Hialeah [external link], 508 U.S. 520 (1993). [source: Ethiopian Zion Coptic Church: Fighting for our rights]
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.
