Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
For years Brenda Williams Shoop struggled in a journey to get closer to God, she told a judge Thursday.
And then she found a textbook that discussed a marijuana side effect, and later discovered a church that classifies the illegal drug as a key ingredient to a sacrament essential to becoming a Christian, she said.
"It opens up someone's mind and helps apply (Christian) missions," Shoop said of marijuana's effects.
The description was a key part of the argument by the 44-year-old Shoop, and her husband, Bruce, who contended Thursday that their drug-related charges should be dismissed because marijuana is part of their religion.
After more than three hours of testimony, Baldwin County Circuit Court Judge Robert Wilters denied the request, sending the couple back to the Baldwin County Corrections Center.
The Shoops were charged with drug trafficking in December 2006 after authorities found about 28 marijuana plants growing in their backyard, according to Baldwin County Sheriff's Office Lt. Neil Holcombe.
In April, Wilters found that the couple had violated their probation when they failed drug tests, and he sent them back to the county's jail without bail. A trial is expected this fall.
Brenda Shoop said Thursday that she grew up in a Southern Baptist church. In recent years, she has struggled to find the spiritual fulfillment she has been looking for while exploring other denominations. Her religious belief and understanding, however, hit a turning point in nursing school when she read about marijuana's disassociation side effect, she said.
That side effect, she said, helped her get closer to God as it quieted all the voices in her head and helped her "rise above the mundane and see that you are part of a bigger picture."
The Shoops argued that since their arrest they have started a ministry in their Robertsdale home and serve as missionaries for Universal Orthodox Church, which is based in Atlanta. The Christian denomination believes marijuana has biblical origins and was a key ingredient in holy anointing oil of Moses and the christening oil of Jesus Christ, according to testimony and court documents.
The Shoops' attorneys also argued that they were protected by the federal Religious Freedom Restoration Act and the Alabama Religious Freedom Amendment because their religion mandates the cultivation and consumption of cannabis.
Baldwin County Assistant District Attorney Christopher Murray, however, successfully argued that while the Shoops may have believed marijuana was a key part of their relationship with God, they didn't get involved with the church until after they were arrested.
"A belief under law is not a religion," Murray said.
Wilters agreed. He also said that if the court gave the religious protection argument credence it could promote drug abuse.
It would also be difficult to determine whether drugs were being used for religious purposes or illegally, Wilters said
That would require pre-World War II measures, the judge said, such as when Germany required Jews to wear the Star of David.
"I don't think this county wants to consent to doing something such as that," Wilters said.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Alabama Live
Copyright: 2008 Alabama Live
Contact: al.com: About Us
Website: Judge dismisses woman's religious drug-use argument- al.com
And then she found a textbook that discussed a marijuana side effect, and later discovered a church that classifies the illegal drug as a key ingredient to a sacrament essential to becoming a Christian, she said.
"It opens up someone's mind and helps apply (Christian) missions," Shoop said of marijuana's effects.
The description was a key part of the argument by the 44-year-old Shoop, and her husband, Bruce, who contended Thursday that their drug-related charges should be dismissed because marijuana is part of their religion.
After more than three hours of testimony, Baldwin County Circuit Court Judge Robert Wilters denied the request, sending the couple back to the Baldwin County Corrections Center.
The Shoops were charged with drug trafficking in December 2006 after authorities found about 28 marijuana plants growing in their backyard, according to Baldwin County Sheriff's Office Lt. Neil Holcombe.
In April, Wilters found that the couple had violated their probation when they failed drug tests, and he sent them back to the county's jail without bail. A trial is expected this fall.
Brenda Shoop said Thursday that she grew up in a Southern Baptist church. In recent years, she has struggled to find the spiritual fulfillment she has been looking for while exploring other denominations. Her religious belief and understanding, however, hit a turning point in nursing school when she read about marijuana's disassociation side effect, she said.
That side effect, she said, helped her get closer to God as it quieted all the voices in her head and helped her "rise above the mundane and see that you are part of a bigger picture."
The Shoops argued that since their arrest they have started a ministry in their Robertsdale home and serve as missionaries for Universal Orthodox Church, which is based in Atlanta. The Christian denomination believes marijuana has biblical origins and was a key ingredient in holy anointing oil of Moses and the christening oil of Jesus Christ, according to testimony and court documents.
The Shoops' attorneys also argued that they were protected by the federal Religious Freedom Restoration Act and the Alabama Religious Freedom Amendment because their religion mandates the cultivation and consumption of cannabis.
Baldwin County Assistant District Attorney Christopher Murray, however, successfully argued that while the Shoops may have believed marijuana was a key part of their relationship with God, they didn't get involved with the church until after they were arrested.
"A belief under law is not a religion," Murray said.
Wilters agreed. He also said that if the court gave the religious protection argument credence it could promote drug abuse.
It would also be difficult to determine whether drugs were being used for religious purposes or illegally, Wilters said
That would require pre-World War II measures, the judge said, such as when Germany required Jews to wear the Star of David.
"I don't think this county wants to consent to doing something such as that," Wilters said.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Alabama Live
Copyright: 2008 Alabama Live
Contact: al.com: About Us
Website: Judge dismisses woman's religious drug-use argument- al.com
