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Newsbrief:
US
9th
Circuit
Rules
Religious
Marijuana
Use
on
Federal
Lands
Okay
5/31/02
In a case involving a Hispanic
Rastaman bringing marijuana to Guam, the US 9th Circuit Court of Appeals
in San Francisco has ruled that the 1993 Religious Freedom Restoration
Act precluded the US government from prosecuting people who possess marijuana
on federal lands for religious reasons. The court reasoned that under
the RFRA, Congress had the power to create religious exemptions to
laws it had originally passed, in this case the Controlled Substances Act.
Unfortunately for defendant
Bennie Toves Guerrero, also known as Ras Iyah Ben Makahna, who had been
arrested at the Guam airport and charged with importing five ounces of
marijuana and 10 ounces of seeds, the court ruled that he could be prosecuted
for importing marijuana. "Rastafarianism does not require importation
of a controlled substance, which increases (its) availability," the court
said.
But the ruling's ramifications
could be wide. The court's reference to the "federal realm," specifically
the territory of Guam in this case, could apply to federal prosecutions
on other federal property, such as national parks, San Francisco federal
public defender Barry Portman told the San Francisco Chronicle.
The ruling, which is in line
with rulings by two other appeals court, applies to the entire purview
of the 9th Circuit, including Guam, the Northern Mariana Islands, California,
and eight other Western states. If extended nationwide, the ruling
could apply to federal territories across the country, including Washington,
DC.
-- END --
|
Issue #239, 5/31/02
Editorial: Skating on the Edge of Propriety | New DRCNet/StopTheDrugWar.org Merchandise Out -- Discounted Purchase Available | DEA Forges Alliance With Women Legislators Group to Wage War on Club Drugs, Terror | DEA Raids Another California Medical Marijuana Dispensary Even as Advocates Gear Up for Day of Action Next Friday | FBI Ends Drug War Role to Concentrate on Terror War | Western Australia to Cite, Not Arrest, Marijuana Users Under State Government Plan | National Drug Intelligence Center Gives Partial Response to DRCNet FOIA Request on "Drug Menace" Web Sites | Report Charges Taft Administration Subverts Election in Ohio, Allies with PDFA and CADCA in Effort to Defeat Initiative | Newsbrief: Seven Up Pulls "Prison Rape" Commercial Under Threat of Boycott | Newsbrief: Feds Use RICO Against Virginia Oxycontin Doctor | Newsbrief: US 9th Circuit Rules Religious Marijuana Use on Federal Lands Okay | Newsbrief: Cannabis Cafe Vows to Open in England, Another in Scotland | Newsbrief: Tennessee Town Pays for Drug Raid Killing | Newsbrief: Oakland Rogue Cops Go on Trial | Newsbrief: Will Foster Arrested on Minor Parole Violation in California, May Face Return to Oklahoma Prison | Newsbrief: Swaziland Row Over Rasta Royals | Newsbrief: Marijuana Advocate Sues Over Hawaii Aerial Eradication Program | Newsbrief: Ed Thompson Does Weedstock, Says Legalize It | Newsbrief: British Magazine "The New Statesman" Calls for Drug Legalization | Newsbrief: Weird Scenes Inside the Pretoria Ford Plant | The Reformer's Calendar
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