Native American Church Sues DEA over Sacramental Use of Cannabis — July 22, 2009 — Honolulu, Hawaii
The OKLEVUEHA NATIVE AMERICAN CHURCH OF HAWAII filed for an injunction in Federal Court that would allow its members to continue to use Cannabis as a ceremonial sacrament. The Plaintiffs are seeking an Order declaring their consumption, cultivation, possession and distribution of Cannabis to be free from federal penalty. Currently the Federal Government is prohibited from preventing members of The Oklevueha Native American Church from using the entheogenic cactus Peyote, and The Church is now seeking the same religious freedom for its members’ religious use of Cannabis.
Church President and named Plaintiff MICHAEL REX “RAGING BEAR” MOONEY is a Native American Spiritual Leader (commonly known as a Medicine Man). Mr. Mooney and The Church are suing ERIC H. HOLDER, JR. (Attorney General for the United States of America), MICHELE LEONHART (Acting Administrator of the United States Drug Enforcement Administration) and EDWARD H. KUBO, JR., (United States Attorney for the District of Hawaii). According to the Plaintiff’s attorney, Michael A. Glenn, “the federal government is required (by the American Indian Religious Freedom Act) to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise their religion, including the use and possession of sacred substances, and the freedom to worship through ceremonies and rites.”
Good luck with that. I support the religious use of cannabis, however, I support everyone’s use of cannabis and I don’t think you need to find it holy to have the right to use it.
In previous attempts to sue for this right, the courts have ruled that letting some Indians use obscure drugs like peyote or ayahuasca is OK, because allowing that exception does not substantially burden the government from enforcement of laws that prohibit peyote and ayahuasca for others, because so few people outside the religious users use those drugs. But they’ve also ruled that letting some Indians use the most popular drug, cannabis, is not OK, because allowing that exception would substantially burden the government from enforcement of laws that prohibit cannabis for others, because so many people outside the religious users use that drug.
Basically, that means if your holy sacrament is really popular for non-holy uses, you don’t get your First Amendment religious rights. It’s the government’s way of telling you your God was wrong about that plant, pick a less popular, much more psychotropic hallucinogenic one.
Folks, when the U.S. was experiencing prohibition from alcohol, there was an exception for sacramental wine. So too does Religious Freedom Restoration Act provide for sacramental use of Schedule I drugs. Our legal history with drug prohibition clearly contemplates religious exceptions. The reason religion gets a ‘special pass’ is because our Constitution supports this notion in the First Amendment. But the First Amendment does not allow folks to break the law (i.e, you are not entitled to be under the influence while driving).
I too believe that the best line of attack for moderate legalization is with religion.
I support what the Hawaii Native American Church is doing.
Ok I may not be smart, have a college degree, or be old enough to have half the wisdom any of you have. But I do have common sence… but lets see if you guys have common sence as well- Ok most people think anything against the law is bad right, well their wrong. Alot of laws are put down because they are bad but most people dont think hmm…. suicide is put as a law because it unmoral, but now why is marijuana put down as a law because as far as im concerned by cigs and drinking being legal that means the governments saying its ok to kill yourself but only if you’re paying the government to do so. Gallup’s October Crime poll finds 44% of Americans in favor of making marijuana legal and 54% opposed (HERES THE CITATION- http://www.gallup.com/poll/123728/u.s.-support-legalizing-marijuana-reaches-new-high.aspx ). That means 44% of US supports marijuana or smokes it. Phd sicologists once said 1/2 the people who vote against marijuana do so becuase they think its wrong because its against the law which means half the 54% that voted against would really vote for it. so the new numbers would be 26% against and 70% for.
But now we have the people who say marijuana is bad for your health ok so heres the cons and lets compair them to whats legal ( HERES THE CITATION- http://lifestyle.iloveindia.com/lounge/effects-of-marijuana-4653.html)-
Cons-
Short-term Effects
Distorted perception (sights, sounds, time, touch), problems with memory and learning, lack of proper coordination, trouble with problem-solving, increased heart rate and reduced blood pressure are some of the short-term effects of marijuana.– Dosen’t drinking do the same.
Effects on the Brain
Marijuana contains an active ingredient, delta-9 tetrahydrocannabinol or THC that acts on the cannabinoid receptors of the nerve cells and influences the activities of the cells, like pleasure, memory, thought, concentration, sensory, time perception and coordinated movement. High doses of marijuana, when consumed through food, can cause hallucinations, delusions, impaired memory and disorientation.– Once again haven’t you ever drank so much you don’t remember anything.
Effects on the Heart
The heart beat increases rapidly and the blood pressure drops within minutes of smoking marijuana. A person’s heart beat can increase by 20 to 50 beats per minute. A marijuana smoker is three times more at a risk of heart attack.– Now dosen’t cigeretts do the same thing except cigs also give you cancer.
Effects on the Lungs
Burning and stinging of the mouth and throat and heavy coughing are some effects that are caused by smoking marijuana, even infrequently. Marijuana causes respiratory problems in smokers, such as daily cough and phlegm production, more frequent acute chest illness, increased risk of lung infections and obstructed airways. Marijuana smokers are three times more likely to develop head and neck cancer, as compared to non-smokers.– Once again cigc have way worst effects for cancer.
Effects during Pregnancy
Studies have found that mothers who have used marijuana during pregnancy have given birth to children who are likely to exhibit problems with neurological developments. Prenatal marijuana exposure can cause altered responses to visual stimuli, increased tremulousness, problems with sustained attention and memory and poor problem-solving skills.–Well duh everyone knows you should’t drink or smoke sigs when pregnant plus you shouldn’t eat fish when your pregnant dose that mean fish is bad too.
Pros-
Marijuana has been used to enhance the appetite of cancer patients undergoing chemotherapy.– Ok so this means all of these cancers good for marijuana use- please check this site- (http://www.cancer.gov/cancertopics/alphalist)
Studies have shown that marijuana is beneficial in relieving a person from the uneasy feeling of nausea.– this means car sick, air sick, and sea sick and any other nausea causes.
Doctors have made use of marijuana, successfully, in the treatment of neurogenic pain.– that means that it can be used for anything on this site- (http://en.wikipedia.org/wiki/List_of_neurological_disorders)
The people suffering from glaucoma, asthma and spasticity have been found to have benefited from the consumption of marijuana.
Marijuana can help relieve the chronic pain and suffering of people with incurable diseases like cancer, AIDS, multiple sclerosis, etc.– meaning almost any sexualy transfered disease as well so any of these- Gonorrhea
Herpes
Chlamydia
Crabs or Pubic Lice
Syphilis
Vaginitis
Genital Warts
Marijuana is regarded to be a ‘mind opener’ i.e. it can help people broaden their outlook and think creatively.– and now we can have a smarter country as well.
So why is marijuana ilegal then-
Simple the goverment gets money for people who drink and do cigs. How can they make money using a drug thats able to be virtually grown anywhere.
And what I really believe is marijuana chould be made legal to smoke as soon as you hit the age of 18 and anyone can smoke it because there are no benifits from cigs and drinking but there are benifits from marijuana so how is marijuana bad?
I heard it went through. Is that true? Curtain things are currently being ironed out to see if it will recognized here in TX.
What kind of “record” system must be employed to tally and verify membership??
Much love to you Mooney
Aho
well, if you think EVERYONE should be able to enjoy cannabis, does that include “non-sick” ppeople? if yes then why hop on the medical marijuana train, so it can be that much more regulated?
spiritual practices are why anywas does anything, to “feel the good within” which is where entheogen comes from. freedom is godly
I am an 18 y.o who has smoked marijuana and I have never taken a look into the legality and the harder issues of the government view on marijuana. I found out I was part Native American (not sure which tribe yet) and so I decided to check out more on the topic of Native Americans and Marijuana use and found this site. I have read these previous comments and I have truly learned much and read some very well supported opinions. I don’t have really anything to add but I would like to say “Thank you” to Mr. Belville and evryone else for helping me to understand in depth about laws and previous precedents made on the account of marijuana…XD
[...] wrong about that plant, pick a less popular, much more psychotropic hallucinogenic one. Source: Native American Church sues DEA over right to religious use of marijuana | NORML __________________ 420 Magazine News Team Creating Cannabis Awareness Since 1993 [...]
Dave,keep in mind there are no less than five industry’s; paper, cloth, plastics,pharmaceutical, the judicial war on drugs (70% of all court and incarceration expenses and ineffective drug rehab centers or resorts)and etc., that are benefiting immensely by suppressing the mass cultivation,harvesting and distribution of cannabis.
These industry’s will use their political and financial influences to protect their lively hoods prosperous.
However, they will not disrupt the first amendment pertaining to the only congressional and United Nations recognized Earth Based Healing Religion.
Here’s the truth of the matter: Nothing will stop marijuana from becoming legal for everyone. There are 27 states ready to legalize it and 3 that I know of where in some parts of their state allow consumption and cultivation. In ten years marijuana will be legal in every state. The feds better get used to the idea. It’s coming and acceptance by the general populace if over 60%. So no matter how it is ruled on today, tomorrow it’s a moot issue. Prepare for marijuana. It’s time has come.
Damn! This is great stuff. Thanks to all of you who have taken a stand in the courts to insist that the government respect your rights.
Maybe if we all worked together we could make better progress. I don’t think that the Stash is the best place for such deliberations. If anyone knows of a site that is hosting serious discussions about legal challenges to the prohibition laws, please post a link.
-ED