Religious Use Defense
..Here is a brief summary/intro from one
humble perspective to go with "Creative Philosophy
and Sociology..." and Addendum...
This gives a brief
sketch of how someone might use provisions of the
Religious Freedom Restoration Act of 1993 to make a claim
or defense for their cultural practices, such as
marijuana use and Peaceable Assembly...
NOTE: ...this is Creative
Philosophy and Sociology, ...not formal legal advice.
This is a short
summary of Religious Use Defense, to go along with my
long, many paged document Creative Philosophy and
Sociology of the Law of Peace, which contains a rather
full compilation of the the overall picture of the law,
as it relates to the Religious Freedom Restoration Act of
1993 (RFRA &93), and the U.S. Constitution, in
regards to Peaceable Assembly and Marijuana as Sacrament,
etc.. For you, as an individual, this (brief) document
can only be viewed as my sharing ideas as to how to
approach a situation, not as formal legal advice. I am
giving you my perspective on these matters, as a traveler
on the Road of Life, for your information. ...thanks.
Possession, Use, Growing, Sharing of Marijuana/hemp, or
Other Helpful Herbs And plants
you are approached by an officer of the law:
Give only the information that is required. Give
as little information as possible, and if there
are to be possible (criminal) charges. Say
nothing. Do not consent to search, try to remain
silent, ask for legal help, contact friends and
family, do not give them names of friends or
If you are busted -- request legal help, and/or
when you stand before a Judge, alone -- pro se --
or with a Public Defender, or Lawyer -- Innocent
-- request Religious Use Defense, under Religious
Freedom Restoration Act of 1993, and the First
Amendment to the U.S. Constitution. -Your Lawyer,
the Judge, Prosecutors, etc., all know that you
have the Right to this Defense.
What if? you say,... you ain't religious -- well,
do you or do you not believe, feel, know, accept,
want, will, do believe that Marijuana helps you:
for sacrament, medicinal, industrial -- Helps
your mental health, makes you feel better.
Consider your first (inhale) of marijuana, and
your reaction/relationship to your first
&toke' of marijuana. Did this make you feel
different, better? And/or, do you or have you had
a long standing relationship to marijuana? Do you
consider this a (habit ) or is it your cultural
practice/your lifestyle, i.e your beliefs
--CREED? Do you feel that you have the Right to
use/possess/grow/share marijuana? Or do you feel
that Marijuana is just a plant? If marijuana is a
significant part of your everyday life, you
Consider this: Are you committing a crime when
you use/possess/grow/share marijuana or are you
exercising your Right to your (pursuit of
happiness? Are you exercising your Right of Free
Expression? (see Soapbox decision). You have the
Right to Free Exercise of Religious beliefs; i.e.
under due process, what goes for a Rastafarian
goes for an athiest, goes for someone who just
believes marijuana/hemp is good for them and is
good for society. [see First Amendment, Religious
Freedom Restoration Act of 1993, Rastafarian
ruling, 1996.] Only you know if you have criminal
intent or First Amendment intent in freely
ie, CREED. In Civil Rights --Race, Color, Creed
When you meet your lawyer, or Public Defender,
say (I want to use Religious Use Defense.) Give
him this list of cases below; or if you are pro
se, check through these cases, any law library
has them, and/or your lawyer or public defender
can easily access them e-mail. Do not be
surprised if your Lawyer, Judges, or Prosecutors,
have not heard about these cases and the
Religious Freedom Restoration Act of 1993.
However, they are bound by this Act of Congress
and the Code of Judicial Conduct to help you with
this Religious Use Defense.
Your personal witness, plus your affidavits and
expert witnesses, is your Religious Use Defense;
this is what constitutes your Claim under
Religious Freedom Restoration Act -- see section
on Judicial Relief.
Under Due Process Laws, if a Rastafarian can use
Religous Use Defense, someone who isn't religious
at all, or is an athiest or an agnostic or a
non-believer, anyone with an intrinsic
relationship to marijuana/hemp is equally
protected under due process laws -- see
Rastafarian ruling, and U.S. Constitution.
Assembly -- Gathering
If you and
your friends or other People, gather for some purpose, or
Peaceably Assemble , on Public or Private Land, for any
form of Cultural Expression -- i.e. barter faire,
gathering, outdoor music festival, religious and/or
political assembly, and/or other types of Peaceable
Assembly, and/or to petition for Redress of Grievances,
and/or generally to get togather in order to have a
Peaceable Association -- the Religious Use Defense, and
the Soapbox Decision are good to know. All these cases
relate to a Person's Right to EXPRESSION of their CREED
-- their expression of shared beliefs -- within the
context of a Peaceable Assembly.
Federal Department of Agriculture, Forest Service
Regulation 36 CFR 251-261 (listed below) is a good one to
study because it outlines the Government's case, applied
Federally. However, most locales: City, County and State,
will use similar (generally applicable laws) in order to
stop Peaceable Assemblies. There is an entire section in
RFRA &93 on (generally applicable laws.)
Use Defense, applies to all Peaceable Assemblies. If
People Gather or Assemble Peaceably, they, as Individuals
and Together (collectively), are being Constitutionally
correct -- it is within an individual's inalienable
Rights to (pursuit of happiness) and (Free exercise) of
Religious/political/culural/lifestyle Expression of
beliefs, i.e. CREED. How to Peaceably Assemble is a
(power. .. held respectively by the People) [see U.S.
Constitution]. Under RFRA &93, (generally applicable
laws) -- such as (enforcement emphasis) or (Police State
tactics) on the threshold of Peaceable Assemblies --
would violate First Amendment Freedoms.
Se, or with your Lawyer, demand Religious Use Defense --
it is your right!
Read the U.S. Constitution, First Amendment
etc... Learn your Rights so when you are stopped
or arrested, you can Stand Up for Your Rights!
Native American Religious Freedom Act of 1979 --
Native American folks should ask your lawyer to
explain your Rights under this Act, and see
Employment v. Smith, 494 U.S. 872, 108 L. Ed. 2d
876, 110 S. Ct. 1595 (1990) (Peyote case,
Oregon), mentioned in the Religious Freedom
Restoration Act of 1993
Religious Freedom Restoration Act of 1993 --
Public Law 103-141 (H.R. 1308). [note: This is
retroactive (applies before 1993)-- see
Rastafarian ruling...JAH RastaFarI leads the
Way!...Right to Religious Use Defense for
marijuana under RFRA &93 -- Fed 1996 -- U.S.
v. Dawn Meeks, et al, No. 94-30076, et al, 1996
U.S. App. LEXIS 1458, United States Court of
Appeals For the Ninth Circuit --Filed Feb. 2,
Soapbox Decision, June 1995 -- U.S. Supreme
Court, June 19, 1995, John J. Hurley and South
Boston Allied War Veterans Council, v. Irish
G.L.I.B. -- No. 94- 749 -- Right to your own Free
Expression, i.e. Free Speech...
United States Department of Agriculture, Forest
Service Regulation 36 CFR 251 - 261 -- [Federal
Register Vol 60, No. 168, Wed August 30, 1995,
pgs. 45259 etc.] - - This Regulation is a
(generally applicable law,) like marijuana
regulations -- it contains the Federal
Government's case law concerning marijuana as
well as Peaceable Assembly on Public Lands --
gives you a good idea what you are up against....
U. S. v. Rainbow -- U.S. v. Barry Adams, pro se,
(Texas, 1988), and U.S. v. Gideon Israel
(Arizona, 1986) -- are both positive decisions
relating to Religious Use Defense for
Individuals' Rights to Gather (sustained by RFRA
My full paper: Creative Philosophy and Sociology
of the Law of Peace -- which has most of all this
information in it -- includes addendum on Soapbox
decision -- available on e-mail at various
Rainbow points of light addresses, also...
to you all, keep the faith, all information welcome,
stand tall for your rights to your Civil Liberties, let's
turn this energy around, please don't wait to be
busted,... find ways... restore your Religious Freedom --
Creed... -- NOW!
Harriet Tubman Lives!
-Your friends and family on the Road,
Barry Adams, plunker, and Sue -- Montana Family --
WEEP Box 8574, Missoula, MT 59807
Restore the Earth -- Restore the People --