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    Workers at medical marijuana and medical cannabis collectives, dispensaries, and cooperatives may protect themselves from imprisonment by the U.S. government by being medical cannabis ministers (or medical marijuana ministers).

    This legal protection from inprisonment is easiest applied to the DEA and other federal agencies because of explicit Congressional law (RFRA) and related Supreme Court ayahuasca decision. A skilled lawyer should also be able to mount a religious defense in California state courts using the 1964 and 1965 peyote cases. The federal government recently used the federal Religious Land Use and Institutalized Persons Act (RLUIPA) to block the use of local zoning laws that interferred with religious beliefs.

    Los Angeles, California, is currently sending out eight man teams of undercover narcotics agents, backed by SWAT and other police officers, to arrest owners and workers at medical marijuana collectives, dispensaries, and cooperatives.

    I attempt to make this information as useful to as many different religions as possible.

    This defense applies to those who have a sincere religious belief that they must minister to the sick, ill, and injured with medical cannabis. Unfortunately, this defense is not available for athiests, agnostics, or those who have philosophical beliefs instead of religious beliefs.

    My major goal is to provide the supporting religious information for those with a sicnere religious belief to be recognized in court as a legitimate medical cannabis minister or medical marijuana minister. The accompanying blog provides almost daily religious advice. See a lawyer for legal advice.

    The federal Religious Freedom Restoration Act of 1993 (RFRA) specifically grants religious exemptions to most federal laws. The U.S. Supreme Court decision Alberto R. Gonzales, Attorney General, et al., v. O Centro Espirita Beneficente Uniao do Vegetal et al., 546 U.S. 418 (2006) specifically applied the RFRA to protect religious use of ayahuasca, a schedule I drug.

    Among other things (consult a lawyer) the RFRA requires the government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.

    Courts have upheld the right of Native Americans to use the hallucinogenic plant peyote in religious rituals, e.g., State v. Whittington, 19 Ariz. App. 27, 504 P.2d 950 (1973), cert. denied, 417 U.S. 946, 94 S.Ct. 3071 (1974); People v. Woody, 61 Cal.2d 716, 394 P.2d 813, 40 Cal. Rptr. 69 (1964); Whitehorn v. State, 561 P.2d 539 (0kl. Crim. App. 1977); contra State v. Big Sheep, 75 Mont. 219, 243 P. 1067 (1926); State v. Soto, 21 Or. App. 794, 537 P.2d 142 (1975), cert. denied, 424 U.S. 955, 96 S.Ct. 1431 (1976).

    Most workers at a medical marijuana collective, cooperative, or dispensary can legitimately meet the legal standards for a religious defense against imprisonment. They just haven’t thought throught he religious nature of their already existing acts and beliefs.

    If you can afford a lawyer, please consult a lawyer and prepare an adequate defense long before any arrest.

    A prosecutor will test you on both sincerity and knowledge of your own religion. Be prepared.

    Free in-person medical cannabis minister lessons offered Monday nights near the border of Costa Mesa and Newport Beach, California. Send a self addressed stamped envelope to Milo, PO Box 1361, Tustin, California, USA, 92781 if you plan to attend (I don’t show up if I don’t expect any students; I will reply to your letter with the exact time and location). I check the post office box once a month (late in the month).

    The accompanying blog provides almost daily information on honing and improving the quality of your religious medical marijuana ministry.

 

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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 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.

 
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Copyright © 2010 Milo.

Created: June 4, 2010

Last Updated: June 15, 2010

May Goddess Bast grant YOU love, peace, joy, bounty, and wisdom.