Religious Marijuana Is Now Legal On The Federal Level

[SashaShiva]

The Court in Dallas has to respond within a few days, it has been 14 Days since the Magistrate Judge put in his information and I responded and everything, and the only thing the Magistrate Judge said could hold the case in Dallas back is "You can't sue the DEA", so I responded with Normaco v. DEA and Olsen v. DEA, then the Case with the 12 year old girl named Lexi from Texas who uses CBD and other things Medically, and is suing the DEA and Attorney General.

But it has been 14 Days, so they have to respond to the Dallas one soon. And that is the one the Magistrate sat on for a year.

 

[SashaShiva]

Here are a few Anecdotes to show you how this works, in case you have not been paying attention to Cryptocurrencies.

Doge is a JOKE, literally, it is meant to be the word "Dog" misspelled, and there are memes, go look up "Doge Memes" it is all "Much Money, So Wow, Very Currency, Much Trade, So Excite" and it goes along with the Doge Spelling of Dog, and the creator took a picture of his Dog's big Excited looking eyes, and then everyone said "TO THE MOON" because if you look at any Currency with a good Community around it, what happens is that the Market looks like a Ramp to the Moon.

Look at Doge's Charts
Dogecoin (DOGE) price, charts, market cap, and other metrics | CoinMarketCap

Then Check out STEEM, from Steemit.

STEEM started as a Currency that was being traded for like $0.0001 for about 6 months, maybe a year. And people were buying it at that price and Juicing up their Steemit account to have higher voting power, but even then if you had $5 worth on there, you had a lot of STEEM, but not a lot of voting power. Then one day, July 7th 2016, they turned on the Steemit website where it started paying you for posting, and once that happened, people bought like crazy so they could Juice up their accounts, or just because they realized that a Democratic Blockchhain based on Social Media Activity was a good investment and wanted to invest.

So the price of STEEM went up to about $6, and then has been steady between $1 and $6, and there are Many Many Many more Doge and STEEM in circulation than there are AURA. AURA is rare, and is about to have Apps behind it, and Tokens, and a Token Exchange, very likely that will come only a Week or so after the first Token Creation App.

 

[SashaShiva]

The Lawsuit against the DEA can be seen here, this is not everything that was filed (hundreds of pages were filed over the past year), but it is many of the main points.

https://www.facebook.com/xFinShaggyx/posts/2072813819663300?pnref=story

 

[SashaShiva]

So, just for an update for anyone wondering about the DEA Case.

For the Dallas one, which has been open since March 14, 2017, the Magistrate Judge responded saying "You can't sue the DEA directly, you have to sue an agent" and usually a Federal District Judge will listen to the Magistrate, but this Judge seems to be taking his time because after the Magistrate gave his recommendation, I added Demetra Ashley to the Lawsuit, then I cited at least 3 Cases where the DEA is the listed Defendant. And the Magistrate took from March 2017, to February 2018 to make a 3 page Statement with 3 case Citations that boiled down to "You can't sue the DEA, you have to sue an agent"; and it is pretty clear if you read his recommendation and then read the initial filing I made (about 10 pages of writing and 70 pages of evidence) you can see that the Magistrate did not even read the lawsuit, but instead was rushed to answer in February 2018 (almost a year after initial Filing) because I started filing in February 2018 asking them to show Cause. And I have seen a Magistrate Judge take 2 Weeks, and write up a 15 page argument to say "You don't have standing" in about 15 different ways. And after that (2016) I filed an Administrative Claim with the DEA, then I later (Oct 2017) spoke to the DoJ ODLP Pharmaceutical Company Registration Hotline Email and recieved from them the DEA RFRA Controlled Substances Act Exemption Guidelines; and sent in a Petition as per their Guidelines, which they have failed to respond to.

So I have Standing Now, and the new Magistrate did not argue that I do not have standing, he said "You can't sue the DEA Directly" so again, I cited 3 Cases where the DEA is the main Defendant, and then added Demetra Ashley (A DEA Agent) to the Case as well.

So now, I assume that because I made the argument that the Magistrate had not read my Case, then added to the Case to make the Magistrate's Points Mute; I believe that the Federal District Judge is actually taking the time to read the Case now and that is why he is taking so long, he should have responded 3 weeks ago, and if he were going to follow the Magistrate's Advice, he probably would have dismissed this case 3 weeks ago. But he is not taking his advice, it is just sitting there, so I assume he is reading (the whole thing might be 600+ pages from Initial Filing, Additional Attachments and Feb 2018 Filings).

But, I am not going to give this Judge the Benefit of the Doubt yet because I have not seen him file a single thing on this case, so I sent in a Request for a Writ of Mandamus from the 5th Circuit Court of Appeals, which does 2 things. Firstly, it sets up this Case for Appeal and establishes that I am not doing this using Colorado State Law, but Federal Law. The 5th Circuit is Texas and Louisiana, and is the most Conservative Circuit Bench in America, which is what I want for this case, to prove that this is not a Liberal State Marijuana Issue, it is a Religious and Federal Issue. And this prepares the Case for Appeal as well, as this will be the Court that takes the Appeal, and they can see already that there are problems going on with the Lower Court.

Usually, in a Writ of Mandamus you would ask for a Judge to stay the order of a lower Judge until x happens, or vacate a decision with x as evidence that it was unconstitutional or otherwise inappropriate for the Judge to make. But that is not even what I am saying, I am just asking them to do their Jobs and move forward with this case and send out Summons, so its almost impossible for the 5th Circuit court to deny the request.

So, in the next week or 2, the Federal Judge in Dallas will finish reading, or the 5th Circuit will get involved.

 

[SashaShiva]

Here is where we are now.

In 2017 I submitted the Petition to the DEA, as they asked. In 2018/19 I filed the SF-95, and now there is a Mandamus in the DC Federal Court. In 2018/19 the DEA also admittes through the SBA ombudsman process that they are obligated to Exempt Religions from the Controlled Substances Act, but that they are reviewing my Petition (2 people have retired from the DEA because they were in charge of reviewing my Petition). So the Mandamus will force them to respond.

In 2019 I also contacted the FDA, they said the IND process was the method for Religious Exemption. I filed in Dec 2019, and the Rules say that for INDs if they don't respond in 30 days you are Exempt by Default. So we are Exempt under the FDA rules, but I went through the SBA ombudsman to get an Official response. They have 30 business days to respond.

Send Applications here:
Center for Drug Evaluation and Research
Food and Drug Administration
Document and Records Section
5901-B Ammendale Rd
Beltsville, MD 20705-1266

IND Application Procedures: Overview

IND Application Procedures: Overview

www.fda.gov

I contacted the Texas DPS regarding the Texas Compassionate Use Program (CUP) and they eventually said that the TX DPS was not granted authority to bar or exempt Religion under the law and that it was not Texas DPS Jurisdiction, ans that is in the Texas Court now. In that case I showed the Judge that I transported THC Extract across State lines, to Texas from Colorado, and the Judge dismissed the case because I did not have an Affidavit of Harm and Hardship, but I filed one and appealed.

There are also a few Administrative cases filed, and others, but as you can see that is just happening on top of this because illegal actions taken by various Government employees during this whole ordeal.

 

[SashaShiva]

And just so everyone knows how/why I did this, this has been my Religion since I was 14 years old when I converted. I was ordained at 17 and began my own Ministry among classmates. When I turned 18, in 2010, I was arrested at my own home and the Police had no warrant, they just knew about my Religion and knew Marijuana would be there. At this time I thought anyone who used these Forums was a big Nerd, so I had never even joined one.

I left the State of Texas to go study my rights after 3 Public defenders refused to put forward a Religious Defense. I joined Forums to ask for help, thinking someone out in the world must know more about this than me. I discovered that there is no one, and became that person myself.

In 2015 the State removed themselves from the case and it was Dismissed.

And now I am suing them, and they are constantly shrinking and wilting, not even willing to have hearings regarding Religion, basically living in fear that one day I could have a fair hearing, pretending that dismissing cases to be reopened in the future somehow hurts me or benefits them.

So that is why/how I got here. I am the person in the World helping others with their Religious Rights. I am the person I was hoping already existed.

And I get Facebook messages, and even phone calls, all the time from people who found my cases and want my help.

Once I am finished, no one will even need me. Right now the Texas, Colorado and Federal Governments are basically giving me Power over the legal system by making people need me, but eventually it will just be well known and everyone can just practice their Religion without me teaching them how.

 

[SashaShiva]

Everyone might remember a little girl named Lexi, a Refugee from Texas who was like 6 years old when she had to move to Colorado to use Cannabis because she has Epileptic seizures or something similar. U.S. federal judge rejects challenge to marijuana prohibition

In 2018 her and some Veterans and others claiming Marijuana was their Medicine (not Religion), and challenged the controlled substances act. The Judge basically said "have you petitioned the DEA?" because as I have shown here, Marijuana is already Federally legal for Research.

And in the end, Feb 2018, the Judge denied the challenge saying they had to Petition the DEA first. I Petitioned the DEA in Oct 2017, so before the Judge even told them they needed to. And it has now been 3 years and I have taken further action.

So I have every right to challenge the Controlled Substances Act. Even more than the people Claiming Marijuana is Medical, because I am not claiming it is Medical, and the 1st Amendment does contain a Prohibition on Congress regulating Religion but completely allows for them to regulate Medicine.

 

[SashaShiva]

Hinduism was not "invented" in India, the same way the Greeks did not "Invent" Zues. These Religions were made by Observation. The Egyptians and Babylonians showed the Greeks Mercury, Venus, Mars, Neptune, etc, then the Greeks showed the Romans. These things are real, Jesus was the one who said "Stop looking for Signs" and conceptualized Heaven. Pre-Christian Religions are real, Observational, Repeatable, Science. Hinduism is just real, no one Invented it.

 

[SashaShiva]

Here is the Rule 5.1 Constitutional challenge to a Statute case. Where the entire Controlled Substances Act's existence is up for debate.

Gallagher v. Dhillon et al (3:18-cv-02801), Texas Northern District Court

Gallagher v. Dhillon et al (3:18-cv-02801), Texas Northern District Court, Filed: 10/22/2018

www.pacermonitor.com

Meaning, this isn't a Case about Religious Exemption, but because of the Coercive, Unconstitutional, and Perjerous actions of the State and Federal Government, the entire Controlled Substances Act can get removed as a Law and Congress would have to write a new one.

No Exemption (which we have already) needed under the 1st Amendment if there is no Law hindering Religion.

 

[SashaShiva]

Plants considered Sacred to Shiva:
Marijuana, Golden Apples (Bael fruit), Ashoka Trees, Peepal Trees, Banyan Trees, Coconut Trees, Red Sandalwood Trees, Kesara Trees & Champaka Trees.

Concepts to Know

https://en.wikipedia.org/wiki/Rudras

https://en.wikipedia.org/wiki/Panchaloha

https://en.wikipedia.org/wiki/Shilpa_Shastras

Vajra - Wikipedia

https://en.wikipedia.org/wiki/Yaksha

https://en.wikipedia.org/wiki/Loka

https://en.wikipedia.org/wiki/Yidam

Rudraksha beads are considered sacred to Shiva.
Mercury (Parad) is considered sacred to Shiva.

Venus = ♀
Mars = ♂

Saturn = Saturday = Lead
Sun = Sunday = Gold
Moon = Monday = Silver
Mars = Tuesday = Iron
Mercury = Wednesday = Mercury
Jupiter = Thursday = Tin
Venus = Friday = Copper

Ashtadhatu is a mixture of all metals.

Crown = Violet = Clear Quartz
Third Eye = Indigo = Amethyst
Throat = Blue = Sodalite
Heart = Green = Rose Quartz
Solar Plexus = Yellow = Citrine
Sacral = Orange = Carnelian
Root = Red = Hematite

Shiva/Rudra = Marijuana/Rudraksha = Shiva Lingum
Kali = Datura = Crematorium

The Earth goes around the Sun, as we all know, and as the Earth goes around the Sun the Sun actually seems to move across the Horizon and it passes through those Constellations. Every day the Sun comes up in a slightly different spot than the day before, and in 365 days it goes back to the original spot. This is how Egyptians and Mayans had such great Calendars, they just made a wall to act as a fake Horizon for the Sun, then they would mark a line on the wall where the Sun rose, and at the end of the year they had 365 marks. And as the Sun seems to move around the Earth throughout the year, it passes through different Stars, and these Stars became the Constellations.

Aries, the Ram=April=Amethyst
Taurus, the Bull=May=Agate
Gemini, the Twins=June=Beryl
Cancer, the Crab=July=Emerald
Leo, the Lion=August=Ruby
Virgo, the Virgin=September=Jasper
Libra, the Balance=October=Diamond
Scorpio, the Scorpion=November=Topaz
Sagittarius, the Archer=December=Carbuncle
Capricorn, the Goat=January=Onyx Chalcedony
Aquarius, the Waterbearer=February=Sapphire
Pisces, the Fishes=March =Chrysolite

The Ogdoad can be found as a theme throughout most modern religions and some ancient Religions. An example of this is ancient Egypt. In the picture above you can see that the Sun has been placed in a boat, this is known as the Solar boat and it is thought to be part of the force that moves the Sun and the Moon across the sky. But if you look in the Solar boat you will see more Gods than just the Sun and moon, this is because the Egyptians noticed the Planets in the sky and called them Gods, just like the Sun is a God. This religion can be found in Ancient Egypt, Ancient Sumeria, Ancient Greece, Ancient Rome and Modern India/Hinduism.

Then there was Horus who represented the Horizon, but he was the planet Mars. They figured out the Cycle of Mars just like the Sun, and they also had the Moon's Cycles (And Moon Cycles give the lengths of our Months) and the Cycles of various planets. Even the Jewish Nomads knew about some of the Planets, they called Mars 'The Blushing One'. And in Christianity the 7 known planets of the time can be found in the Ancient Greek Christian Gnostic idea of The 7 Heavens which represented the Bodies in the Heavens the Heavenly Bodies or Planets. Some people like to say "They Planets were named after the Gods, the Gods weren't named after the planets" but that would only be true if Greece and Rome discovered the planets independently, but Greece found them first and gave them to Rome. And Egypt and Sumeria actually found them first. The 7 Heavenly bodies can still be found in our days of the week "Sun day" for the Sun, "Mon Day" for the Moon, etc. And the spoked wheel spread with this knowledge, an the spokes and their function are themselves a symbol of this.

A lot of people see statues of Zeus now a days and think that Ancient people thought Zeus threw lightning bolts at them, but before people knew about Gravity and the Atmosphere, they thought the Planets controlled the weather and it was specifically thought that Jupiter (Zeus) controlled the Lightning.

Many plants used to be thought to have a cycle based on the Planets and not the sun, and in the modern 'Old Farmer's Almanac' every year they publish the planetary crop planting cycle. And the history of Machines and Gears actually comes from the measuring of the sky on boats, and people making mechanical navigation devices. So Machines come from this also.

 

[SashaShiva]

Here is where we are now.

In 2017 I submitted the Petition to the DEA, as they asked. In 2018/19 I filed the SF-95, and now there is a Mandamus in the DC Federal Court. In 2018/19 the DEA also admittes through the SBA ombudsman process that they are obligated to Exempt Religions from the Controlled Substances Act, but that they are reviewing my Petition (2 people have retired from the DEA because they were in charge of reviewing my Petition). So the Mandamus will force them to respond.

In 2019 I also contacted the FDA, they said the IND process was the method for Religious Exemption. I filed in Dec 2019, and the Rules say that for INDs if they don't respond in 30 days you are Exempt by Default. So we are Exempt under the FDA rules, but I went through the SBA ombudsman to get an Official response. They have 30 business days to respond.

Send Applications here:
Center for Drug Evaluation and Research
Food and Drug Administration
Document and Records Section
5901-B Ammendale Rd
Beltsville, MD 20705-1266

IND Application Procedures: Overview

IND Application Procedures: Overview

www.fda.gov

I contacted the Texas DPS regarding the Texas Compassionate Use Program (CUP) and they eventually said that the TX DPS was not granted authority to bar or exempt Religion under the law and that it was not Texas DPS Jurisdiction, ans that is in the Texas Court now. In that case I showed the Judge that I transported THC Extract across State lines, to Texas from Colorado, and the Judge dismissed the case because I did not have an Affidavit of Harm and Hardship, but I filed one and appealed.

There are also a few Administrative cases filed, and others, but as you can see that is just happening on top of this because illegal actions taken by various Government employees during this whole ordeal.

And btw, there is a Seperate case in Texas I filed, the one mentioned is in Dallas. As mentioned Collin County broke into my house in 2010 I got the case dismissed with no Conviction (had to wait for Court 40 days to fight it on a 15 day charge if I had accepted a Conviction) , but I was told in jail I could not attend Church in jail if I was Hindu (because I was more informed about the Bible than the other inmates) after being told that the Christian services were Non-Denominational. And then they banned Religious Texts at Trustee jobs, but then let the Christians carry their's so it was just a ban on my Religion.


When I sued, the Attorney representing Collin County told the Judge that I had requested Marijuana in Jail and that that was what my whole case was about, and I wrote objections but could not appear in Court due to financial issues caused by these constant Government attacks on me. And the Judge moved forward, so the Attorney lied effecting a Court Case, which is a Felony called Aggrevated Perjury in Texas.


They then attempted, this January, 2020, to hold me in Contempt and put me in Jail with no release date and an accumulated fine of $500.00 per day while in Jail.


I found out my Judge was corrupt, and she removed herself. Here is what happened there:

I filed the Civil Action in the Collin county District Court in 2017, and then could not appear, and was Sanctioned on the Grounds that I requested $2,000,000 and used News Paper Articles as part of my Prima Facie Evidence, and because my Religion involves Marijuana use (the Flesh of the Lord God Shiva). The Collin County Lawyer Bob Davis Continuously states that I requested to use Marijuana in jail, but I requested that I be allowed to take my Religious Text (the Rig Veda) to Trustee Jobs the same as the Christians. He has stated this in more than one Court and it is a Blatant lie.

But that is not the issue at hand. That Case, the Civil Case in which Sanctions were Granted and I was ordered to no longer file Claims for Religious Violations in Jail by Collin County, was by Judge Cynthia Wheless. Her Husband is the Founder of the Drug Court in Collin County, and as being such has a bias and is unable to see Marijuana as a Religious Sacrament (Sacred Food), rather than a "Drug" which we are not using it as. She may be able to put the Fact that ruling for me in her Case could destroy her Husbands Legacy out of her mind and rule fairly in my Case, but she did not disclose this information, and accepted a Contempt Hearing Motion recently still with no mention of this, and I am just learning all of this about the Whelesses and the Nowaks today, like a few hours ago.

21 U.S. Code § 321. Definitions; generally
"articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals"

When she Erroneously made her error I filed in the Federal Court, not understanding appeals processes at the time. I also did not realize that Cynthia Wheless was the Judge, as I was unable to appear, and upon searching the last name Wheless in Collin County found Ray Wheless, and filed the Federal Action against him, and Collin County, and Ken Paxton. The Judge that took the Case was Christine Nowak. On September 10th, 2019, just about 2 months from this instant filing you are reading, she dismissed the Case against Ken Paxton and Ray Wheless.

That same Month, Ray Wheless Retired as Collin County Judge, and appointed Christine Nowak's Husband, Tom Nowak, to replace him in the 366th Court. So the Federal Magistrate who decided that the District Court Judge's ruling was not Erroneous, without mentioning that her Husband was replacing him (I mistakenly thought it was Ray Whelesses order) dismissed the Case and within the same exact month, her Husband replaced the Defendant on the Bench at the whim of the Defendant.

So now, Cynthia Wheless, is still the Judge for the Contempt hearing which will occur January 23rd, and will be deciding if I should be held in contempt for filing a Case in Federal Court against her order, that was decided by the Wife (Chrinstine Nowak) of the Judge (Tom Nowak) who replaced her Husband (Ray Wheless) who founded the Collin County Drug Court. And all of this so far has happened within a 1 month period, and will happen within a 4 month period, as if they Dismissal was a payment for the Husband to be placed on the Bench.

These People have no business deciding any of my Cases at this point, and should probably be disbarred. This is completely and absolutely unethical.

TITLE 5. OPEN GOVERNMENT; ETHICS
SUBTITLE B. ETHICS
CHAPTER 572. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF CONDUCT, AND CONFLICT OF INTEREST
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 572.001. POLICY; LEGISLATIVE INTENT. (a) It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer's or employee's duties in the public interest.

(b) To implement this policy and to strengthen the faith and confidence of the people of this state in state government, this chapter provides standards of conduct and disclosure requirements to be observed by persons owing a responsibility to the people and government of this state in the performance of their official duties.

(c) It is the intent of the legislature that this chapter serve not only as a guide for official conduct of those persons but also as a basis for discipline of those who refuse to abide by its terms.

Then we went to Court for the contempt hearing, in which I was not held in contempt. And he Perjured himself again but this time it was on the record with me pointing it out and him and I going back and forth discussing the Truth. Then me bringing up his lie and him ignoring it. And this Order from March 25th is for that Record to be produced by the Court.

 

[SashaShiva]

I am also legally changing my name to:

Rev. Ryan Sasha-Shai Van Kush

https://www.search.txcourts.gov/Case.aspx?cn=05-20-00128-CV&coa=coa05

 

[SashaShiva]

The Texas DPS says they don't have Jurisdiction over this (Colorado Marijuana Enforcement said the same in an in person meeting I had with them), so this is not a State issue as many would believe. It is a Federal issue.

Here is how to report Judges who have blatant disregard for the Law or your rights

Here is my SBA Ombudsman submission to the DEA

The DEA says they want to be sued, because they don't know what to do.

The FDA says to use the IND process

And the FDA Rules for IND say if they don't respond in 30 days you are exempt by default. So I am already exempt I filed Dec 11th.

We won, it is over.

 

[SashaShiva]

Here is our Organization's Tax Exempt Ruling Letter

 

[SashaShiva]

Here are a number of articles about the DEA RFRA Process. This was the process the DEA asked me to use for Exemption from DEA Form 225 in 2017 and has yet to respond. Post #25 of this thread explains the FDA saying that the IND Application process is the Religious Exemption process (as this is actually a FDA issue, the DEA actually has no Civil Religious purpose under the CSA but has been thrust into this by American Citizens waiting to get arrested to proclaim Religion).

We need more Religious people to Blog about this, and Lawyers to Blog about this, and the Free Press (Citizen Journalists) and State Media (CNN, Fox News, MSNBC) need to write more articles about this. But as of now, this thread right here is the Premiere resource in the World on this subject.

(PDF) The DEA's Guidance Regarding Petitions for Religious Exemption from the Controlled Substances Act under RFRA: Door to Religious Freedom or Fifth Amendment Trap for the Unwary?

PDF | Summary of the Article The Drug Enforcement Administration has adopted a procedure to consider claims of exemption from the proscriptions of the... | Find, read and cite all the research you need on ResearchGate

www.researchgate.net

The Religious Freedom Restoration Act, the DEA Exemption Process, and Ayahuasca Healings

By Gayle Highpine (*) written especially to this blog (**) This article is part of the series of controversies raised by the Ayahuasca Healing Retreats (see here, here, here and here.) Ayahuasca Healings USA has suspended their Ayahuasca ceremonies — just for a “few weeks,” until they confirm

www.bialabate.net

https://www.ayahuasca.com/law/religious-freedom-restoration-act-dea-religious-exemption-process/

The DEA’s Guidance Regarding Petitions for Religious Exemption from the Controlled Substances Act…

Summary of the Article: The Drug Enforcement Administration has adopted a procedure to consider claims of exemption from the proscriptions…

medium.com

What is the Religious Freedom Restoration Act? | carl-olsen.com

The U.S. Drug Enforcement Administration Problematic Process for Religious Exemption for Use of Prohibited Psychoactive Substances

There are hundreds of groups using ayahuasca in ceremonial underground contexts in the United States. They all dream of future legalization and the ability to use ayahuasca as a religious

chacruna.net

 

[SashaShiva]

This is the Phone call between me and a DEA Agent named Dan McCormick, talking about Religious Exemption from the Controled Substances Act (CSA) in August 2018.

DEA RFRA 08/14/2018 Transcript VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION (1:20-cv-00906) | PDF

This is the Phone call between me and a DEA Agent named Dan McCormick, talking about Religious Exemption from the Controled Substances Act (CSA) in August 2018.

www.scribd.com

 

[SashaShiva]

DC Federal District Court

1:20-cv-00906
VAN-KUSH
v.
DRUG ENFORCEMENT ADMINISTRATION

The Cantwell case is considered a Landmark because it established the Incorporation of the 1st Amendment into the States, meaning that Federal Religious Rights applied to State Governments, Cantwell v. Connecticut, 310 U.S. 296 (1940). But the Cantwell case is an Attainder Case, stating that Religious Organizations do not require Licensing if the Ability does exist to perform an Action under License. For example Marrying a Couple, which a Judge, JP, or other Officiant can perform, but so can a Minister; Why? Because Marriage started within Religion. Religion at one point was the State prior to Secular Enlightenment Government. The Religious Freedom Restoration Act was made after Religious Peyote use was ruled by the Supreme Court to be a fireable offense by a Private Corporation, the Law was in favor of the Religious Peyote use from Government intrusion, keeping in tact Private Contract Law, Pub. L. 103–141, § 6, Nov. 16, 1993, 107 Stat. 1489; Pub. L. 106–274, § 7(b), Sept. 22, 2000, 114 Stat. 806. "The Roman Catholic Church has been recognized as possessing legal personality by the Treaty of Paris with Spain of 1898, and its property rights solemnly safeguarded." '- Ponce v. Roman Catholic Church, 210 U.S. 296 (1908); 42 U.S. Code§ 2000cc: Protection of land use as religious exercise
(3) Exclusions and limits
No government shall impose or implement a land use regulation that—
(A) totally excludes religious assemblies from a jurisdiction; or (B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.

Religious organizations may, if needed, issue Edicts, or form Conferences and conduct votes, and Tribunals, and Define things like Saints, or Holidays. An example in the United States is the Presbetarian Church, who schismed over the decision, as a larger Conference of Churches, to accept female Pastors. "All who unite themselves to such a body [the general church] do so with an implied consent to [its] government, and are bound to submit to it. But it would be a vain consent, and would lead to the total subversion of such religious bodies, if anyone aggrieved by one of their decisions could appeal to the secular courts and have them [sic] reversed. It is of the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for." -Presbyterian Church v. Hull Church, 393 U.S. 440 (1969)

Another example is the
Letter “Iuvenescit Ecclesia” to the Bishops of the Catholic Church Regarding the Relationship Between Hierarchical and Charismatic Gifts in the Life and the Mission of the Church, The Sovereign Pontiff Francis, in the Audience granted to the undersigned Cardinal Prefect on 14 March 2016, approved the present Letter, adopted in the Plenary Session of this Congregation, and ordered its publication. I have attached this document to this Brief, it is an Order to acknowledge speaking in Tongues, Healing by Touch, and other Gifts or "Charisms" coming by way of God. This all began in the mid-1900s with Pentacostal Churches, which were nearly Spiritualist in nature and believed in Baptism by the Holy Spirit. The Catholic Church rejected this as "Biblical not a modern phenomenon", and there was a Catholic Schism which largely created the modern Evangelical Movement. Judge Amy Coney Barrett, Supreme Court shortlister for the Trump admin, is a member of the "People of Praise" a Charismatic Catholic NGO with many prominent members from Notre Dame and other Schools and Government positions, which existed far before the 2016 Vatican Order.

And Religion is not separated from State and below State, it is separated from State and acts separate from State. "The fundamental theory of liberty upon which all governments of this Union rest excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only." -Pierce v. Society of Sisters, 268 U.S. 510 (1925); 42 U.S. Code§ 2000cc–5.Definitions: (7) Religious exercise
In general

1. The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

This concept is fairly well articulated here by the Colorado Court: "This rationale requires that a distinction be made between charitable and religious exemptions; a religious group does not have as a fundamental purpose the providing of services which the state would otherwise have to provide since the state is constitutionally prohibited from such religious involvement. See Note, 29 Rocky Mtn.L.Rev. 143 (1956-57)." -General Conference, Church of God v. Carper, 557 P.2d 832 (1976). And we are now in this day in age, now in a place where Governments themselves feel comfortable regularly becoming the advocate against Religion "Still, the delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the balance the State sought to reach. That requirement, however, was not met here. When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires." -Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. ___ (2018)

With Marijuana and Religion, Government Hostility is not a new phenomenon. H. J. Anslinger often connected Marijuana to the Hashashins who were a Persian Islamic sect from where the word "Assassin" is originally derived. He also connected it to Mexicans like myself, Black Culture and Jazz; yet now as State and Federal legalization exists in various forms, no one wants to acknowledge the Cultural Expression of Religious Marijuana use that has existed since the Indus Valley Civilization in the Stone Age and likely earlier than that. It is currently expressed in my own Shaivism, in a well known American born Christian sect from Jamaica called Rastafarianism, and a number of American born Religions over the past century.

"Mr. Chairman, my name is H. J. Anslinger; I am Commissioner of Narcotics in the Bureau of Narcotics, in the Treasury Department.
Mr. Chairman and distinguished members of the Ways and Means Committee, this traffic in marihuana is increasing to such an extent that it has come to the be cause for the greatest national concern.
This drug is as old as civilization itself. Homer wrote about, as a drug that made me forget their homes, and that turned them into swine. In Persia, a thousand years before Christ, there was a religious and military order founded which was called the Assassins and they derived their name from the drug called hashish which is now known in this country as marihuana. They were noted for their acts of cruelty, and the word "assassin" very aptly describes the drug.
The plant from which the drugs comes is a hardy annual, growing from 3 to 16 feet in height.
Marihuana is the same as Indian hemp, hashish. It is sometimes cultivated in backyards. Over here in Maryland some of it has been found, and last fall we discovered three acres of it in the Southwest.
As I say, marihuana is the same as Indian hemp, and is sometimes found as a residual weed, and sometimes as the result of a dissemination of birdseed. It is known as cannabin, cannabis Americana, or Cannabis Sativa. Marihuana is the Mexican term for cannabis indica. We seem to have adopted the Mexican terminology, and we call it marihuana, which means good feeling. In the underworld it is referred to by such colorful, colloquial names as reefer, muggles, Indian hay, hot hay, and weed. It is known in various countries by a variety of names." -STATEMENT OF H. J. ANSLINGER,
COMMISSIONER OF NARCOTICS, BUREAU OF NARCOTICS, DEPARTMENT OF THE TREASURY (1937)

"This unusual criminal case delves into the new realm of psychedelic experience, and into mysticism, religion and its free exercise. The principal issue we must decide is whether the conviction of appellant for violations of federal criminal statutes relating to marihuana-- a psychedelic drug which the defendant claims he uses as a religious sacramental aid-- contravenes the accused's First Amendment right to the free exercise of his religion. There are, however, other important questions, some of them constitutional also, which we will discuss fully
…
In 1960, while visiting Mexico, he testified that he had 'the most intense religious experience' he had ever had in his life as the result of having eaten a number of the 'Sacred Mushrooms' of Mexico. The incident changed his life. Since that time he has written five books and thirty-eight articles pertaining to religious and scientific use of psychedelic drugs, and he has devoted his life to attempting to understand the religious experience and how it can be applied to help others. He said that he formed a religious research group after returning to Harvard University, and with the help of Aldous Huxley, he experimented with certain psychedelic drugs. In 1962 he studied Hinduism and after a year became a member of a Hindu sect. In 1963 he left Harvard, performed further experimental work in Mexico, and later established a center and workshop for religious and scientific research in Millbrook, New York which center is now his home. The building also serves as a place for religious meditation and spiritual retreat. Rooms in the house contain shrines devoted to Hindu, Buddhist and Christian ways of finding God, as well as religious pictures and statues. Dr. Leary has traveled extensively through Asia in pursuit of his religious endeavors and has studied Buddhism and Hinduism with several religious teachers and monks. While studying in India with Sri Asoke Fukir, a religious leader, Dr. Leary participated in religious rituals in which marihuana was used. He was converted to Hinduism, and is now a member of the Brahmakrishna sect in Massachusetts.
…
He said that marihuana plays a very important part in the rituals of the Hindu sect conducted by Sri Asoke Fukir in India. The Brahmakrishna sect in the United States of which he and Dr. Leary are members is a highly established authority sect in India, recognized throughout India by all Hindus. He admitted that he was partially able to achieve and practice his religious beliefs in the Hindu sect without the use of marihuana. He does not use marihuana in the United States because it is unavailable; he is forced to use other psychedelic drugs in conjunction with meditation and prayer.
…
Dr. Ralph Metzner, a psychopharmacologist who received his Master's degree from Oxford and Ph. D. in Psychology from Harvard, testified on behalf of appellant. He co-authored with Dr. Leary the book 'Psychedelic Experience' as well as several articles including 'Reducing Criminal Behavior' by the use of the psychedelic drug psilocybin (the extract of the sacred mushroom). The word 'psychedelic' refers to a class of drugs, which includes LSD, mescaline, marihuana, among others, whose primary effect is to expand consciousness, heighten intellectual activity and sensory awareness. In India he was initiated into the same Hindu sect of which Dr. Leary is a member. He participated with Dr. Leary in several scientific experiments under the auspices of Harvard University. He also assisted Dr. Leary in conducting seminars, giving lectures, writing books and giving training courses in consciousness expansion without drugs. He corroborated Dr. Leary's testimony concerning the religious nature and character of the Millbrook center in New York.
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Religious freedom, guaranteed by the Constitution, must be weighed with the public interest and the broad power to legislate vested in Congress by the Constitution.9 Thus the First Amendment 'embraces two concepts,-- freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be.' Cantwell v. State of Connecticut, 310 U.S. 296, at 303, 304, 60 S. Ct. 900, 903, 84 L. Ed. 1213 (1940). The freedom to act is conditional and relative and Congress may prescribe and enforce certain conditions to control conduct which may be contrary to a person's religious beliefs in the interest of the public welfare and protection of society. See the Supreme Court's decisions in the anti-bigamy cases, Reynolds v. United States, 98 U.S. 145, 25 L. Ed. 244 (1878); Davis v. Beason, 133 U.S. 333, 10 S. Ct. 299, 33 L. Ed. 637 (1890), and the Sunday-closing-law cases, McGowan v. State of Maryland, 366 U.S. 420, 81 S. Ct. 1101, 6 L. Ed. 2d 393 (1961); Two Guys From Harrison-Allentown v. McGinley, 366 U.S. 582, 81 S. Ct. 1135, 6 L. Ed. 2d 551 (1961); Braunfeld v. Brown, 366 U.S. 599, 81 S. Ct. 1144, 6 L. Ed. 2d 563 (1961); Gallagher v. Crown Kosher Super Mkt. of Mass., 366 U.S. 617, 81 S. Ct. 1122, 6 L. Ed. 2d 536 (1961).
…
Our concern is with the laws of the United States, which appellant admittedly, knowingly and purposely violated because they conflicted with his personal religious beliefs and practices. Appellant has attempted to demonstrate that the experience he finds through the use of marihuana is the essence of his religion. We do not inquire into the truth or verity of appellant's religious beliefs-- to do so would be violative of the Free Exercise Clause of the First Amendment. United States v. Ballard, 322 U.S. 78, 64 S. Ct. 882, 88 L. Ed. 1148 (1944). But appellant's religious creed and the sincerity of his beliefs are not at issue here. The district judge properly refused an instruction to the jury that they should acquit the defendant if they found his religious practices were in good faith.
…
Appellant argues that the religious use of peyote, a psychedelic hallucinogen, by Indians who are members of the Native American Church has been constitutionally protected by the Supreme Court of California in People v. Woody, 61 Cal. 2d 716, 40 Cal. Rptr. 69, 394 P.2d 813 (1964). He refers also to the California Supreme Court's decision in In re Grady, 61 Cal. 2d 887, 39 Cal. Rptr. 912, 394 P.2d 728 (1964), decided the same day as Woody, in which conviction of a 'self-styled peyote preacher' for unlawful possession of narcotics, namely, peyote, was annulled and a new trial granted in order that the defendant might have an opportunity to prove that his use of peyote was in connection with an honest and bona fide practice of a religious belief. By parity of reasoning he contends that marihuana, another psychedelic drug, is entitled to the same constitutional protection as peyote. With due deference to the California Supreme Court, we are of course not bound by its decisions. However, we note an essential difference between Woody and the instant matter in that peyote in the Woody case played 'a central role in the ceremony and practice of the Native American Church, a religious organization of Indians,' and that the 'ceremony marked by the sacramental use of peyote, composes the cornerstone of the peyote religion.' Grady was apparently the spiritual leader of a group of individuals and provided peyote for the group which he said was for religious purposes." -Timothy Leary v. United States, 383 F.2d 851 (5th Cir. 1967)

 

[SashaShiva]

Here are the email addresses for DEA Agents who are involved in Policy and Liaison at the DEA, and who have been connected to the Religious Exemption process at the DEA in some way
Loren.T.Miller@usdoj.gov
Aziz.Elkholy@usdoj.gov
Susan.A.Gibson@usdoj.gov

If you want to Submit a Religious Exemption Petition to the DEA, Google "DEA RFRA" and Download the Guidance form, it should be the first link. Then email it to those people.

 

[SashaShiva]

TITLE 5. GOVERNMENTAL LIABILITY CHAPTER
110. RELIGIOUS FREEDOM
Sec. 110.008. SOVEREIGN IMMUNITY WAIVED

In Re: Gallagher, 05-20-00128-CV (Tx. App. 2020) Case Detail

My name will soon legally be: Rev. Ryan Sasha-Shai Van Kush

Brief

Name Change Brief, Rev. Ryan Sasha-Shai Van Kush, 05-20-00128-CV, Texas Appeals Court | PDF | Criminal Record | Felony

Probably the first Landmark Religious name change case in Texas

www.scribd.com

 

[SashaShiva]

Rule 5.1 Motion

Constitutional Challenge To Law, Rule 5.1 Motion, VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION (1:20-cv-00906) | PDF | Controlled Substances Act | Free Exercise Clause

VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION (1:20-cv-00906)

www.scribd.com