Arizona Court: Drug Laws Trump Religious Use Of Marijuana

[Jim Finnel]

The state's interest in banning marijuana outweighs the religious beliefs of an individual that he is entitled to use the drug anywhere, the Arizona Supreme Court ruled today.

In a unanimous opinion, the justices said federal law permits the government to "burden the exercise of religion'' only if it shows a compelling interest and that the restrictions are the "least restrictive means of furthering that interest.'' And Daniel Hardesty conceded to the court that there is some governmental interest in the regulation of marijuana.

But Chief Justice Rebecca White Berch said that, given the claim by Hardesty that his membership in the Church of Cognizance allows him to use marijuana anywhere and anytime -- including driving -- it is clear that the "least restrictive means'' of the government to further its interests in protecting the public is an outright ban.

Today's ruling, however, does not foreclose the possibility that the state's high court might not conclude that some other religious use of marijuana is acceptable.

Berch pointed out that courts have allowed users of peyote to use federal laws to shield them from prosecution against state drug laws. She said, though, there is "an obvious difference'' between the situations.
"Members of the Native American Church assert only the religious right to use peyote in limited sacramental rights,'' the chief justice wrote. "Hardesty asserts the right to use marijuana whenever he pleases, including while driving.''

Hardesty was arrested in 2005 after being stopped by police while driving in Yavapai County.

At trial, Hardesty testified that he had been a practicing member of the Church of Cognizance since 1993. And a church official said that the religion, founded in 1991, is based on "neo-Zoroastrian tenets" and that marijuana provides a connection to the divine mind and spiritual enlightenment.


NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: azstarnet.com
Author: Howard Fischer
Copyright: 2009 Arizona Daily Star
Contact: Welcome to StarNet
Website: Arizona court: Drug laws trump religious use of marijuana | www.azstarnet.com ®

 

[michaelkaer]

So that just proves what I have thought all along, that governments and the state can dictate the limits of your religion. I think the person was foolish to try that specific argument in court. I would have tried something else I think, but I was not in his shoes so I can't judge the situation.

 

[Propa Gator]

The state must protect the public from nuisance like driving while intoxicated. Non recognition of religious excuse ie 'God told me to do it' is a good thing. He should have kept his religious sacrements private, as I self medicate. Private and discrete.
If this precident furthers gov't claims of legitimacy to regulate MJ, good. Who wouldn't pay reasonable tax and use in a civil manner? Please

 

[Jgmilly]

Religous or not, it certainly brings me closer to the heavens. When I run for office and join the ranks amongst the legislative branch I would definately back such a proposal as an economic marijuana act with strong limitations (comparative to alcohol laws). Religion isnt a strong case any longer being that the American gov't would like nothing more than the evaporation of religion within society as a whole. The case needs to be presented as apart of the war on drugs, give a little to gain a lot. Legalizing would cut off %60 cartel product so the gov't is happy and Barack will have a chance at re-election. Meanwhile the billion $$$ a year industry would be maintained by the farmers who would obviously get there cut, but the largest cut would be going to the gov't in taxes. Its a win/win, I don't see the hesitation.

 

[Kasey1]

thanks for sharing.it is useful and great for me