VIERA (Florida Today) — A Brevard County jury today convicted a 53-year-old man, who said he uses marijuana for religious and health purposes, of illegally harvesting more than 100 of the plants in his Palm Bay home.
It took a jury 14 minutes to convict self-proclaimed minister Steven Swallick following a two-day trial.
Swallick faces up to 10 years in prison following a conviction on one count each of possession and manufacturing of marijuana. He also was convicted on one misdemeanor count of larceny with relation to a utility fixture for tampering with electrical wiring in his home.
Circuit Judge Jim Earp wouldn’t let him testify about his use of marijuana for religious purposes.
But as part of a motion asking the judge to allow the evidence, Swallick testified outside of the jury’s presence that he is affiliated with the Hawaiian Cannabis Ministries, which mandates use of the drug.
This Hawaiian Cannabis Ministry will sell to you and anyone who logs on a “Sanctuary Kit” for just $250. This kit allegedly “provides you with proof of your legitimacy as a religious practitioner of Cannabis Sacrament.” They claim it provides a “successful religious defense to prosecution”.
Looks like it didn’t work for Rev. Swallick. Even if Judge Earp did allow Swallick’s religious testimony, if wouldn’t work and hasn’t worked for plenty who have tried. I wonder how much of Swallick’s and others’ $250 donations to the ministry will come back in the form of legal defense funds for an appeal?
I am all for religious use of cannabis and I believe many people’s sincerity when they call it a sacrament. I don’t think anyone should be arrested or locked up for any use of cannabis, whether you think it’s holy or whether you just think it’s gnarly, dude. But all the “it’s my religion” claim is ever going to get you in an American court is a nice quiet cell and plenty of time to read your holy book. I’m not saying that’s right, I’m just saying that’s the facts. Point to precedents over ayahuasca and peyote all you like, but no court is going to allow cannabis as sacrament because doing so undermines government’s compelling duty to protect the citizenry from the “evils” of legal weed.
Only full legalization for all people, even healthy atheists, is going to provide patients and practitioners their right to access legal medicine and sacrament.
Topics: ayahuasca, Florida, Hawaii, Hawaiian Cannabis Ministry, peyote, Religion
out of my nose 3 [...]
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What a crock of crap! A $1000.00 worth of pot is 10 onces. It would take 6 to 8 months to grow it to the point that you could use it and you might be talking 2 or 3 trees. Leave the guy along and concentrate of the high real crime rates in Bevard. Bevard county is a crime haven and they worry about a low grade pot user. The law officiers should be fired for wasting time and bleeding the citizen money. All these local governments are a joke.
I’m a healthy atheist. Hah are you surprised about this Russ. This is a country where a huge majority of the population (Christians) only see their beliefs the be legitimate.
Im sorry but I will never convict anyone for a non violent cannabis charge. I dont care if everyone on the jury wants to kill me. I will not do it. Jury duty is the one way we can make a true impact on this failed policy and truly change the law one trial at a time. At some point they will give up charging cannabis consumers when they cant get a jury to convict any of them!
Too bad if you get picked for jury duty, you can’t pick the case.