CA: RASTAFARIAN CAN SMOKE MJ

SAN FRANCISCO -- If you're a Rastafarian who considers marijuana holy, it's
legal to light up in Guam -- and maybe in any national park on the West Coast.

At least that seemed to be the conclusion of a federal appeals court in San
Francisco, which said Tuesday that a 1993 religious-freedom law puts limits
on prosecutions in the "federal realm" -- specifically in a U.S. territory
like Guam, or potentially within any other federal property.

A three-judge panel said a Rastafarian -- whose Jamaican-based religion
regards marijuana as a sacrament that brings believers closer to divinity
- -- could not be federally prosecuted for merely possessing marijuana, a
decision that upheld a portion of the 1993 Religious Freedom Restoration Act.

The same reasoning would apply to drug prosecutions on other federal
property, such as national parks, said Barry Portman, the federal public
defender in San Francisco. He said marijuana possession for personal use is
prohibited by federal law but is rarely prosecuted.

The ruling did not help the defendant in the Guam case, however, as the
court said he could be prosecuted for importing marijuana.

"Rastafarianism does not require importation of a controlled substance,
which increases (its) availability," the court said.

That distinction doesn't make sense, said Graham Boyd, the American Civil
Liberties Union lawyer who argued the case and plans to seek review by a
larger appellate panel. "It's equivalent to saying wine is a necessary
sacrament for some Christians but you have to grow your own grapes," he said.

The religious freedom law protects religious practices from legal
interference unless the government can show a compelling need for
enforcement. It was prompted by a 1990 U.S. Supreme Court ruling allowing
Oregon to enforce an anti-drug law against a Native American who used
peyote for religious purposes.

On Tuesday the Ninth U.S. Circuit Court of Appeals in San Francisco said
the 1993 law was a valid restriction on the federal government, reasoning
that Congress had the power to create religious exemptions to laws it had
originally passed.

If it became a nationwide standard, it would also cover such federal
enclaves as Washington, D.C., and Puerto Rico, defense lawyers said.

The case involved Benny Toves Guerrero, a Rastafarian arrested at the Guam
airport with five ounces of marijuana and 10 ounces of seeds. He was
charged with importing the drugs from Hawaii.


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Pubdate: Sat, 01 Jun 2002
Source: Honolulu Star-Bulletin (HI)
Copyright: 2002 Honolulu Star-Bulletin
Contact: letters@starbulletin.com
Website: http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196