THE
RELIGIOUS USE OF MARIJUANA IS LEGAL
per the
FREEDOM OF
RELIGION AND RESTORATION ACT of 1993
(42 U.S.C.A. §
2000bb(a))
UPDATE: I JUST LEARNED MY RELEASE DATE
IS:12/3/2003. I will be holding a PROTEST/CELEBRATION demonstration on Dec. 20th, 2003 at the:
LIBERTY BELL 4:20pm
(CLICK BELOW PICTURE)
On 12/3/2003 I’ll be released from State Parole
(ISP).
Once I’m
released from this “state parole” (ISP)
I will celebrate by going to a Federal Property (i.e;
THE LIBERTY BELL/CONSTITUTION
CENTER COMPLEX) in Philadelphia to celebrate my new freedom by exercising “RELIGIOUS
FREEDOM”, something I have not been allowed to do since Dec. 2000 when I was
convicted in a unfair
trial. At about 4:20 pm On SATURADAY DECEMBER 6th I will
hold a very public Ital
Ceremony where I will ingest the “sacrament of my faith” before engaging in
a quiet prayer asking "JAH/GOD" to end this "WAR ON US IRAQ
JOIN ME IN THIS DUEL ACT OF CIVIL
DIS-OBEDIENCE “RELIGIOUS EXPRESSION-
POLITICAL-PROTEST”
Only
we the people
can put a stop to BUSH the “MADMAN/WAR CRIMINAL”, we the people must exercise our
first amendment right to freedom of speech and voice our dissent of this madman’s
“WAR on the IRAQI’S” and to equally voice
our dissident to the “WAR on US”! Both of these “WARS” are products of lie’s
and Government propaganda! The claim the Iraq Dec. 6th, 2003 we will deviantly
smoke marijuana at the Liberty Bell and denounce the Governments “WARS”!
In advance of my ISP release I will send out PRESS RELEASES to the
local media and across the internet as to my plans of celebrating my newly
gained freedom, and protests. In the past (prior to my imprisonment and
subsequent parole), I smoked at the liberty bell several times without getting
arrested. In those instances in advance I sent letters to the federal
park police telling them of my intention to use marijuana "RELIGIOUSLY"
on federal property; (SEE: August 2000),
thus avoiding getting arrested because I accurately presented my
"RELIGIOUS DEFENSE" in advance. At the time the Government chose not
to take a chance on allowing me to make a high profile precedent case, so I
wasn't arrested. This time I plan on creating "publicity", if I'm not
arrested I will do it every week while encouraging others to join me! I want to
have the public informed of this RELIGIOUS RIGHT! For those who don't
believe call any New Jersey State Assembly person and ask them; Why wasn't the
NJWEEDMAN prosecuted for smoking his "sacrament" in the New Jersey State
Assembly Chambers on March 16th, 2000, in front of the entire assembly?
Answer the state of New Jersey didn’t want the publicity or the precedent I
would have tried to present claiming the New Jersey marijuana laws were
unconstitutional for failing to have religious exemptions as per the FRRA of
1993 allows.
BECAUSE I’VE ANNOUNCED THAT WHEN I’M FREED FROM ISP I
WILL RESUME MY RELIGIOUS PRACTICES I’VE BEEN THREATENED BY:
THE 5th and 14th Amendments "Equal Protection Clause's"
should protect "non-Rastafarians" from arrest!
PLEASE READ THE BELOW CASES
9th Circuit Court of Appeals Rules Religion May Be Defense to Marijuana Possession |
IN THE COURTSMarch 1996 |
The U.S. Court of Appeals for the Ninth Circuit ruled on February 2
that under the Religious Freedom Restoration Act of 1993, Rastafarian
defendants should be allowed to show that they use marijuana for bona fide
religious reasons in their defense against charges of possession of marijuana (U.S. v.
Bauer, No. 94-30073,
96 C.D.O.S. 756, 1996WL42240 (9th Cir. 1996);
Reynolds Holding, "Rastafarian Pot Could Be Legal," San Francisco
Chronicle, February 3, 1996, p. A14; "Marijuana For
Religious Reasons," Washington Post, February 5, 1996,
p. A10; Associated Press, "Court: Rastafarians Can Hold
Marijuana," Chicago Tribune, February 4, 1996, p. 9).
Acting on two tips, police initiated an investigation of marijuana
trafficking from
Three of the defendants, Calvin Treiber, Dawn
Meeks, and Lexi Bauer, appealed on the grounds that
they possessed the marijuana in the course of practicing their religion,
Rastafarianism. The Court of Appeals found that Rastafarianism is a recognized
religion that considers marijuana a sacrament.
In 1993, Meeks had requested the district court to provide funds for
expert testimony on the use of marijuana in Rastafarianism. The district court
denied that motion and granted a government motion to prevent any religious
defense to the charges. The defendants' trial started on
Post-conviction, the defendants argued that laws regulating marijuana
greatly interfere with the ability of Rastafarians to practice their religion.
The district court ruled that "the government has an overriding interest
in regulating marijuana." The court quoted a 1967 Fifth Circuit decision:
"It would be difficult to imagine the harm which would result if the
criminal statutes against marihuana were nullified as to those who claim the
right to possess and traffick in this drug for religious purposes. For all
practical purposes the anti-marihuana laws would be meaningless, and
enforcement impossible" (Leary v. U.S., 383 F.2d 851
(5th Cir. 1967), rev'd on other
grounds, 395 U.S. 6 (1969)).
The Court of Appeals three judge panel was
unanimous that the defendants should have been allowed to present evidence of
their religious use of marijuana at trial. Judge John T. Noonan, Jr.,
writing for the court, found that under the Religious Freedom Restoration Act,
the government would be required to show that the burdens on the defendants'
religion were in the course of furthering the government's interest and that
the laws were the "least restrictive means of furthering that compelling government
interest." While the defendants may use the religious argument in their
defense of simple possession charges, Noonan wrote that the same argument
cannot be applied to other charges of conspiracy to distribute, possession with
intent to distribute, and money laundering. "Nothing before us suggests
that Rastafarianism would require this conduct," he wrote.
Noonan ordered that the defendants be retried on the simple possession
charges. At such trial, Noonan wrote, the government can challenge whether the
defendants are Rastafarians. "It is not enough in order to enjoy the
protections of the Religious Freedom Restoration Act to claim the name of a
religion as a protective cloak," Noonan wrote. "Neither the
government nor the court has to accept the defendants' mere say-so."
The defendants appealed on a number of other grounds, including
inappropriate peremptory challenges to the jury by the prosecution, misleading
jury instructions, and selective prosecution. The Court of Appeals found no
grounds for any of these arguments.
NINTH CIRCUIT RULES RASTAS CAN POSSESS POT ON FEDERAL PROPERTY IN GUERRERO CASE
The case
involves Benny Guerrero, a Rasta who was arrested in the
A
conservative three-judge panel ruled that Guerrero could not be prosecuted for
merely possessing marijuana on federal land. The court ruled that insofar as
marijuana is considered holy in the Rastafarian religion, its possession is
protected under the 1993 Religious Freedom Restoration Act.
However, the
court overturned a lower
Guerrero's
attorney, Graham Boyd, rejected this argument. "It's equivalent to saying
wine is a necessary sacrament for some Christians but you have to grow your own
grapes," he said. The defense is considering whether to appeal for an en
banc review by the full Ninth Circuit.
This is the
first time that a federal appeals court has upheld the right to possess
marijuana. As it stands, the court's decision applies to all federal territory
in the Ninth Circuit, including federal lands in
* NOTE: The
RFRA was originally enacted in response to an
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People of
Guam v. Guerrero, 290 F.3d
1210 (9th Cir. 2002) (decided on May 28, 2002), the Ninth Circuit ruled
that the RFRA forbids prosecuting Rastafarians for using marijuana within the
federal realm, such as a United States territory or a national park, thus
upholding a portion of the RFRA. In Guerrero, the defendant, a
Rastafarian arrested at the The RFRA
protects the religious use of marijuana by practicing Rastafarians,
just as the 1919 Volstead Act (Prohibition Act) protected the religious
use of alcohol in the Catholic Church. When |
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Marijuana
& the Bible
What
is the Word of God on the Cannabis plant?
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THE (May28th, 2003) http://www.examiner.com/news/default.jsp?story=n.rasta.0530w Rastafarians hit it big in pot fight BY DAVID
KIEFER
It's illegal to smoke ganja
in Yep, those days of hiding
that certain smell from your landlord are over. Rastafarians can now smoke
out in the great outdoors as long as they keep it on federal land -- wink,
wink -- and they have Benny Toves Guerrero to
thank for the action. The court ruled that Congress had the power to make religious exemptions to existing laws. The result: A loophole allowing the smoking of weed -- a spiritual offering in the Rastafarian religion -- on federal land. Around the Rastafarian community Wednesday, the court ruling was being savored like a long, slow toke. "That's what I was
telling you this morning," said a friend trying to help Unfortunately, Codling's Caucasian buddy might not pass muster. In other words, don't expect an influx of new converts. "A Rasta comes with the
hair," said Newton Gordon, But they do have pot. It's an
integral part of the Rasta religion, and now, they don't have to hide it
anymore. They can go to "In You mean in the home of Bob Marley it is illegal to smoke pot? Codling was asked. "Yes," he said,
musing about the idea of being able to light one up near the Gordon explained that the law was implemented as a means to avoid a strong dependence on Colombian drug lords. "But everybody looks the
other way," Gordon said. "In No one will here either, just watch where you're standin |
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Newly off probation, Ed Forchion of Browns Mills announced a bid for the U.S. House, then lit up.
By Sam Wood,Inquirer Staff Writer
Call it a joint announcement.
A South Jersey advocate for the liberalization of marijuana laws declared his candidacy for the U.S. House at Independence National Historical Park by - how else? - lighting up a marijuana cigarette.
Not that he got a chance to smoke it.
After just a few tokes Saturday afternoon, a phalanx of 17 park rangers surrounded Ed Forchion, also known as NJ Weedman.
The rangers confiscated the candidate's joint, and Forchion, 44, was issued a $150 ticket for possession of a controlled substance.
Minutes before, while standing between Independence Hall and the Liberty Bell Pavilion, Forchion said he intended to run as the U.S. Marijuana Party's candidate for the seat held by Republican Jim Saxton in New Jersey's Third Congressional District.
The district extends across Burlington and Ocean Counties and includes a few neighborhoods in Camden County.
Also cited shortly after 4:20 p.m. was Pat Duff, 27, who said he intended to run as the Marijuana Party's candidate for Philadelphia City Council in 2007. The self-described "renegade car salesman" said he would run on a platform encouraging the opening of cannabis cafes across the city.
About 50 supporters, many with video cameras and shivering against the wind, had gathered to watch Forchion and Duff ceremoniously light up.
The time and setting had been chosen with Karl Rove-ian precision. "Four-20" is stoner slang for smoking marijuana. The park had the benefit of being federal property, outside the jurisdiction of the Philadelphia Police Department.
"We're peaceful, patriotic potheads," the soft-spoken Forchion said. "We had meant to do this on Dec. 6, but it snowed and ruined what we'd thought was going to be a big turnout."
On Dec. 3, Forchion completed 20 months of probation in Camden County for pleading guilty to possessing five pounds of marijuana with the intent to distribute.
"I'm happy," he said of putting probation behind him, "I can run for office again."
Forchion, of Browns Mills, has run for Burlington County freeholder and for the First District seat in the U.S. House on the Legalize Marijuana ticket.
A Rastafarian, Forchion has said he smoked marijuana for religious reasons, to relieve back pain, and to help him deal with chronic depression. The former cross-country truck driver has been an advocate of legalizing marijuana since the mid-1990s.
His high jinks have been celebrated in what is left of the counterculture. Among his stunts: lighting up in the New Jersey Assembly while wearing a black-and-white-striped prisoner's costume.
Saturday's announcement was intended to make a more sober point, he said, adding that he intended to challenge the rangers' citations in court.
"This is all about a First Amendment issue," Forchion said. "Freedom of religion allows for the religious use of marijuana on federal property. I'm just exercising that right."
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THE PHILADELPHIA INQUIRER