Religion Is Marijuana Suspect's Defense

[Herb Fellow]

When Florida police busted what they call an elaborate marijuana operation, they discovered a surprising Hawaii twist. The Florida suspect is ordained by The Hawaii Cannabis Ministry or (THC Ministry). The head of the group in Hilo says there's 62,000 more members worldwide.

Florida police found more than 100 marijuana plants at the Palm Bay home of Steven Swallick, 52, they arrested him Wednesday on charges of cultivating the drug. Police say Swallick's operation netted $100,000 a month and police called it "pretty sophisticated." Swallick will likely raise as his defense his membership in The Hawaiian Cannabis Ministry based in Hilo.

"People that join our ministry get to enjoy that legitimacy for themselves," says ministry founder Roger Christie, "a religious defense to prosecution for their spiritual, private use of cannabis." A $50 donation gets a religious use of marijuana ID card; $250 dollars gets ordainment, and another $250 buys a legal defense kit. Christie says they provide anointing cannabis oil and the smokeable version, what he calls "the burning bush of Moses."

"I'm able to grow it myself because my license allows me to provide the services and the sacrament of the ministry," Christie said. Asked how big the Hilo growing operation is, Christie said, "We'd rather not tell that in an interview, but the demand exceeds the supply." He says 62,000 religious cannabis user cards have been obtained, mostly online, and at the rate of about 50 a day.

But police say the only card offering protection from arrest in Hawaii would be a medical marijuana card and only if the amount possessed is within those small limits. If they find one of the THC Ministry cards on someone also holding marijuana: "They get arrested and go through the same process as anyone else," said Maj. Marshall Kanehailua of the Hawaii Police Department. "If they're under the impression that religious use of marijuana will prevent them from getting arrested, then that's a false sense of security."

As for Christie's bold stance on marijuana growth and use, Kanehailua said, "If he openly comes out and sells or distributes marijuana or uses or possess marijuana in the open he's subjected to arrest like anyone else." Christie said they've had 83 successful defenses and only 2 convictions. He says those two had not purchased the ministry's legal defense kit.

Source: KHON 2
Copyright: 2008, KHON 2
Contact: Gina Mangieri
Website: Religion is marijuana suspect?s defense | KHON2 FOX | KHON News

 

[RooRman]

It may not prevent you from getting arrested, but it may prevent you from being prosecuted.

If you can cite that Cannabis has been used throughout the history of your religious beliefs as a "sacrament", much like the Indians and the peyote cactus, then you are covered under your right to freely practice a religion of your choice (covered under the 1st Amendment and the "Free Excise" Clause). Given this, the THC Ministry cites the use of Cannabis in every major religious sect in the world. Furthurmore, the THC Ministry cites United States court rulings in favor of the defendent on the basis of this exact claim, meaning that these stand as pre-established legal precidents that cannot be overturned.

However, there is a fine line between "personal use" and growing for profit/commercial sales. The prosecuting party can always argue that the amount being cultivated, in this case 100 plants, cannot possibly be for one persons personal use. In this instance you do not have much of a defense because what amount constitutes "personal use" is not clearly defined.

As always it is up to the individual judge in any individual jurisdiction to hear the case and decide what is right according to the letter of the law. You are arrested under the assumption that you have violated a law, it is up to a judge to rule if you are guilty or innocent of the proposed infraction.