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Arizona Court: Drug Laws Trump Religious Use of Marijuana

Tue, Sep 08, 2009 3:38 pm

PHOENIX -- 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 state 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.

Today's ruling is the second defeat in two years for members of the Church of Cognizance.

Last year a Graham County couple that claims to have founded the religion in the early 1990s were found guilty of possession and conspiracy with intent to distribute marijuana after being stopped with 172 pounds of marijuana in their vehicle near Las Cruces, N.M. A federal judge in New Mexico rejected their religious freedom arguments.

Dan Quaintance was sentenced to five years in prison; his wife, Mary, was sentenced to two to three years.

» add a comment

stixandstones

Sep 21 2009, 1:13 am

Ok people why dont we get back on the subject? Peoples rights are being smashed and you LET some fucking retard get in the way of the point.
Anyways it doesnt seem likely that our Bill of Rights will ever be what they were meant to be, i.e. the Patriot Act. Someones use of marijuana for religious or even personal gain should not be denied, that supreme court judge just ass raped his rights and made a mockery of him.

Ghostwolf

Sep 16 2009, 2:20 am

FUCK OFF YOU FAKE!!! EVERY ONE KNOWS YOUR NOT GSTLAB3.

GET A CLUE

Sep 16 2009, 12:56 am

WASP! YOU CAN BE TAKEN OUT WITH FLYSWATTER!!! YOU HATERS ARE STUPID, AND YOU CAN'T FIX STUPID!

old germany

Sep 13 2009, 8:47 am

Merkal has a problem with sabotaging coffee's for the Dea and american border

hmmm

Sep 13 2009, 7:11 am

thats lame not to up hold the rule of god in a court room those judges half to take a Pledge Of Allegiance as we all do "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."[

gstlab3

Sep 12 2009, 8:10 pm

TO: Ghostwolf., THANK YOU FOR YOUR WORDS.,
PEACE!!!
GROW YOUR OWN!!! FREE YOUR MIND AND FREE THE PLANET!!!!

smoke2more

Sep 12 2009, 12:06 pm

Separation of church and state, thats all that has to be said, its in the Constitution

Ghostwolf

Sep 12 2009, 3:19 am

TO THE ADOLESENT SHIT BAG TAUNTING GSTLAB3, YOUR SOOOOO STUPID TO THINK THE PEOPLE CAN'T TELL YOUR STUPID CRAP FROM THE REAL MAN. YOU ARE SHOWING YOUR TRUE I.Q.AND IT IS SO LOW THAT IT IS REALY SOMETHING THAT YOUR KEEPER'S LET A MORON LIKE YOU NEAR A COMPUTER OR THAT YOUR MOST LIKELY SNEAKING IN TO USE IT.IN ANY CASE YOU ARE JUST SHIT STAIN THE PANTIES OF LIFE, AND ARE NO CONCQUINCE IN THE GREATER PLAN OF THE COSMOS. YOU AND THE OTHER LOWER LIFE HATING, LIFE FORMS WILL DIE BEFORE THE SMOKE CLEARS. POT SMOKE THAT IS. OR IS IT THAT YOU JUST HATE YOUR SELF SO MUCH FOR BEING SUCH A BIG CLOSET GAY THAT YOU CAN'T STAND IT AND HAVE TO LASH OUT ANY ONE. JUST DO ALL OF US A FAVOR STOP YOUR DUMB SHIT BEFORE ONE OF US FINDS OUT WHO YOU ARE AND BEATS YOU TO DEATH!!!

6uldvnt

Sep 11 2009, 12:37 pm

Off topic: Please spend a few moments remembering the tragic events that happened on this day and give some thought to the complete alteration of the world that followed.

Deny Religion

6uldvnt

Sep 11 2009, 12:35 pm

OK, you folks have lost your minds.

There is no reason why ANYONE should be allowed to operate a 2 ton potential death machine (a car) while under the influence of ANY drug, legal or otherwise. His personal/religious freedoms have not been violated in any way.

Sit on your couch or in your church (might be the same thing) and blaze or drink or drop or roll or whatever you want to do to your mind or body. It's yours to do with as you please. But be sober and rested when you get behind the wheel. If your hurt someone else, or try to hurt someone else by acting like an idiot, that's when your rights and freedoms end. Nuff said.

Der Mann

Sep 10 2009, 9:07 pm

These comments are rediculous and full of retards! What is wrong with u people?

Peace from deutchland!

Moron Billy

Sep 10 2009, 7:14 am

Hey, let's OUTLAW, coffee, cause it's speed, if you could put 5 cups of coffee in one cup, that would be the same as 2 lines of coke (cocaine), sucked up you nose at one time.

Hey, let's OUTLAW, Candy-bars, they rot your teeth, make ya fat, and they are messy. Their should be a law against that.

DO YA NEED MORE EXAMPLES OF STUPIED THINKING ? ? ? ? ?

Masterbating: Let's outlaw that one for sure, ha, ha, ha.....

Picking your nose: their should a law against that.

Do you get the point? We could OUTLAW anything, cause we are that retarded, don't like it, what ya gonna do about it. Make it against the LAW: To voice my opinion.

The government uses things like this to confuse the masses.
And as long as they have the power to do that we are at their mersey. Now let's watch football!

I'm lost

Sep 9 2009, 10:07 pm

People are crazy and have radioactive chips up their bums. Get with the program folks freedom of religion doesn't exist; it's a sham.

May there be peace on earth!!

208

Sep 9 2009, 5:48 pm

fuck the government
they are corrupt as fuck
just want to tell u what u want to hear. they are the biggest gang in america fuck da cia and all government officals

u2 the cia

Sep 9 2009, 8:11 am

all you behind the micro chips suck asshole

hmmm

Sep 9 2009, 3:09 am

those people violated that guys right in should be fired

Ghostwolf

Sep 8 2009, 11:56 pm

GROW YOUR OWN, KEEP ON SMOKIN!!!

Putin

Sep 8 2009, 11:13 pm

obama rapes grandmothers for the pigs of the world

gstlab3

Sep 8 2009, 9:30 pm

MAN!!!! FUCK OFF!! QUIT RIPPING MY TAG OFF!!!
LOOSER!!!

gstlab3

Sep 8 2009, 9:29 pm

HELL NO!!! OH HELL NO!!! NO DRIVING AND BLAZING!!!
IF YOU HAPPEN TO SMOKE SOME REAL DANKNESS YOU WILL NOT BE ABLE TO PAY THAT GOOD OF ATTENTION TO DRIVING AS WAS STATED.,
THIS PLANT ENABLES THE USER TO CONNECT WITH THE DIVINE.
FROM EVEN A LAYPERSONS PERSPECTIVE YOU SHOULD KNOW THAT THIS ACTIVITY WILL DEFINITLEY INTERFERE WITH YOUR CONNECTION TO THIS PLAIN OF TIME AND SPACE AND YOUR EARTHLY REALM.,EVEN I KNOW THE DIVINE AND CREATIVE FORCE DOES NOT DWELL LONG WITH MAN AND SURE AS HELL DOES NOT DRIVE!!!
THE ONLY EXPIERIANCE I HAVE WITH THE DIVINE AND DRIVING IS WHEN I WAS ALLOWED TO LIVE AFTER BEING EJECTED FROM A SPEEDING PICK-UP TRUCK. I DO NOT RECOMMEND BLAZING AND DRIVING.,OR THAT OTHER STUFF ESPECIALLY THE OTHER STUFF.,BOOZIING AND CRUISING LEADS TO BRUISING AND DEATH!!! AND ON A BAD NIGHT JAIL TOO!!!!! FUCK THAT NOISE MAN!!!
GROW YOUR OWN AND FREE YOUR MIND!!!!! AND DO'NT DRIVE PEACE!

Wilber

Sep 8 2009, 8:09 pm

i say hit the cia where it hurts and enforce international laws on terrorism and torture with radio-active materials and create new laws on the scoundrel. They have full control of all the "IUMS" at the end of the word. The cia must change their name soon or they will never but nothing but terrorists that they really do envy, they kill the people they envy no matter what the price at the end they only live amonce the civil population. Its called suicide mission or a scandrel that will change the whole face of democracy and know what that really means.

anonymous

Sep 8 2009, 5:58 pm

why is it that the towely terrorist assholes are allowed to carry their knives and swords to school cause of their religion but somthing actually harmless gets rejected

James Crosby

Sep 8 2009, 4:18 pm

OMFG, when will people stop going to jail that are NOT criminals? When can we have individual freedom again? I don't condone cannabis use & driving, but seriously, why can't they use cannabis spiritually? Many millions of people used it that way before the early 1900s...

This makes me angry, seeing people's rights being taken away because someone else doesn't think they are correct.. Stay out of adults lives, and let us live them.