Marijuana: Hawaii Supreme Court Rejects Religious Use Defense
In a split decision, the Hawaii Supreme Court has ruled against a Big Island man who claimed he smoked marijuana as part of his religion and thus should not be prosecuted. In its September 21 decision in State v. Sunderland, the Court rejected Joseph Sunderland's argument that the Religious Freedom Restoration Act protected him from prosecution, but failed to address his contention that privacy provisions of the Hawaii state constitution also protected him from arrest for using marijuana in his home.
Volcano National Park, Hawaii Island
Sunderland was subsequently charged with promoting a detrimental drug in the third degree, the Hawaiian version of a paraphernalia law violation. Before trial, Sunderland filed a motion to dismiss, arguing that his constitutional right to the free exercise of religion precluded his prosecution for using marijuana.
"I believe that God put the holy herb onto this earth to help mankind to better understand Him," Sunderland told the trial court.
The trial court disagreed with Sunderland's legal argument, and Sunderland was found guilty and fined $175. He appealed, and now the state Supreme Court has shot him down.
Citing precedent to reject the applicability of the Religious Freedom Restoration Act to the states, the court held that under controlling law, the state has a legitimate "compelling interest" in regulating marijuana use, and thus, "the free exercise clause of the First Amendment is not a viable defense."
But there may still be a glimmer of hope for both Sunderland and the rest of Hawaii's pot smokers. The Supreme Court did not address Sunderland's contention that Hawaii privacy protections should immunize his in-house marijuana use, arguing that he had failed to present it in a timely fashion. But in his dissenting opinion Justice Levinson suggested that such a right indeed exists.
The framers of Hawaii's constitution meant to limit criminal sanctions to cases where people are harmed, Levinson argued. "The issue is whether... a fundamental right to privacy... constrains the state from criminalizing mere possession of marijuana for personal use. My thesis is that it does," Levinson wrote.
Sunderland's attorney, public defender Deborah Kim, said she planned to ask the high court to address the privacy issue. "The court has ducked the question of whether the right to privacy prevents the police from enforcing marijuana laws when someone is using marijuana in their home for religious purposes," Kim said. "The question is still very much open."
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redditthis guy wasn't being responsible
Comment posted by Anonymous on Tue, 10/23/2007 - 2:04amwhat the court found offensive was that he had 16 year old girls around his pipe. they only gave him a 175 dollar fine and they said it was because they felt his religious use was sincere and they respected that but that he was being irresponsible by promoting it to kids, which is a discussion that society needs to have but until I personally view this as a good ruling because they show respect for responsible religious use
What about equal protection?
Comment posted by Anonymous on Fri, 10/05/2007 - 1:48pmHawaii exempts the use of peyote for religious purposes. Hawaii exempts the use of marijuana for medical purposes. Hawaii exempts the use of tobacco and alcohol for recreational purposes. How in the name of God's creation did they determine a person has no right to use marijuana in the privacy of their own home for religious purposes? One judge held that the right to privacy (which is explicitly guaranteed by an amendment to the Hawaii Constitution) in conjunction with the right to free exercise of religion triggers constitutional protection. How can courts find a right to have an abortion but fail to protect religious freedom? This is beyond belief.
Rev. Carl E. Olsen
Ethiopian Zion Coptic Church
http://www.ethiopianzioncopticchurch.org/
Cannabis Churches
http://www.cannabischurches.net/
Truth by education
Comment posted by Anonymous on Sat, 10/06/2007 - 1:52amIt's time for our Governments to listen to the voice of the people and stop telling lies about cannabis. People know that cannabis is a natural herb that has many benefits for medicinal uses as well as the cousin, HEMP, that is available for food, fiber, fuel, and many more uses. If you are reading this and disagree with the benefits of this plant then you are simply uneducated. Maybe you are being brainwashed and receiving a check to keep the establishment in force to continue this propaganda campaign against this beneficial plant. 1...2...3...WAKEUP!
Compelling compulsion?
Comment posted by Anonymous on Sat, 10/06/2007 - 9:52amHow can there be any "compelling interest" that nullifies a amendment to the constitution of the USA? I would like to know what "compulsion" overides a constitutional amendment.By "compelling" ,do they mean an irresistable impulse? What obligation compells the court? Is it an obligation to society? Or could it be...duty to the system that appointed them. Got drugwar?..got war crimes/criminals...
its okay
Comment posted by Anonymous on Tue, 11/20/2007 - 8:33pmare you getting bs from people about your religion? no, probably not!!!!!!! so why does it have to happen to him???? its his religious belief, just like christanity, we all do different things to give grace to uor gods so stop giving him bs... would you want to happen to happen to you. SO WHAT HE SMOKES POT OVER 8000 AMERICANS WERE CAUGHT W/ POT IN A ROUTINE TRAFFIC STOP SO WHAT NOW
a lot of teenagers SMOKE POT!!!!!!!!!!!!!!
Comment posted by Anonymous on Tue, 11/20/2007 - 8:35pmyeah, there was 2 teenagers w/ him did anyone ever think to ask them if they cared
I dont see the problem!!!!!!!
Comment posted by Anonymous on Sat, 03/01/2008 - 1:36amI dont understand? smoking a joint is actual medicine for some and for others it might be a religion thing but who cares?????????. i just smoked a joint and am planning to vacation in hawaii for a week in may.So i came across this article and i think the man was doing nothing wrong he was in the privacy of his own home. Smoke on!!! ;).
The Puffin Prophet
Comment posted by Anonymous on Wed, 04/02/2008 - 10:14pmOn the third day God said, "Let the earth bring forth grass, the herb that yields seed, and the fruit tree that yields fruit according to its kind, whose seed is in itself, on the earth"; and it IS SO! Man in his stubborness, continues to think Moses and The Law can carry them across the river Jordan to the promised land, but God has anointed Yeshua as the way through these waters. The deeper truth of the myth, revealed only to the most high, is the root of the crusade to crucify those for whom this grass, this herb, this tree of life is but food for the spirit, that it may be holy as God is Holy. In this true communion with God, the world passes away, and the lust of it, while the anti-christs abound, at every chance to beat us down, yet by this we know that it is the last hour. Remember children, he who does the will of God abides forever.
Entheogenic Reformation Church
Comment posted by Anonymous on Fri, 06/06/2008 - 2:42pmI am being beaten upon in my head by the abuse of those who cast out what God has called holy! Men and women who have turned their back on what they began to fear would suck the life out of them! They turn and run in fear of coming to the light of God by simply consecrating themselves to the Lord our God thru the Entheogenic Use of Kaneh Bosm.
I don't know why people hate who Christ is inside, always seeking to be one with God of course He will be about His anointing sharing the sacrament with everyone he's drawn to.
Why I have to be so beaten upon for knowing that Kaneh Bosm is the Love I have from God, I pray God your wrath will find out why! For here I sit under dictate of the government, who has purposefully chosen to deny my Religious life, by first denying me my religious rights. See, as long as your religion isn't allowed to exist, then you aren't allowed to have rights!
And since the zelous secularism of the law has declared, "God's sacrament is Illegal!"; since it's not allowed to recognize God, it can't ever say that you should be allowed to have what the law has declined; God!
I am looking at 5 years for doing what my God said. But since my government has denied my love as Gods, I'm a liar seeking only to be drug addict!
Please God! How long before the weakness of my flesh begins killing the flesh of those who won't allow God in, by simply accepting my sincere religious beliefs and allowing me to partake with you in the entheogenic sacrament; Kaneh Bosm.
(Exodus 30)
Hey.. if you have any other words you wish to share about Marijuana and the religious use of it please contact me.
IamJehovah@yahoo.com
I run www.zionstation.com and need help from kind hearted believers like yourself! Shalom Keshet
TOO MUCH TEENS USE TOO MUCH MARIJUANA
Comment posted by Anonymous on Thu, 04/03/2008 - 8:17pmMauiwowee is a dangerous drug, that is addictive to youngs kid from 12-17 years old. It carries no value or medical value that cant be met more effectively by legal drugs. young teens that uses marijuana are more likely to use other drugs like ice, cocaine, and herion. So far most of my friends ended up mixing ice and marijuana. Having too much THC in your body weakens the immune system and lead to high risks of lung infections.
birds of a feather flock together..........
Comment posted by Anonymous on Tue, 04/22/2008 - 3:17pmby i mean your friends are idiots, just like you. where did you get your MD or do even know what that means??lol I didnt see any references to back your non-factual idiotic statements of any kind. I hate to tell you this, but its been written and proven since around the early 20th ( just for you, the 1900's) and i think the title was "Narcomania", that cannabis helps you to get of other drugs and that the only time cannabis was mentioned in a drug book was to state that its helped to stop drug addictions. Not sure about your last statement so unlike you ill wait till im better informed so i wont help spread seeds of ignorance. do more, learn more, then talk more about something you will know more about. I smoke cannabis and am 28, and have smoked from my early days till now with breaks now and then (military time no puffing) and now that im out im smoking again, the point is... guess what... i never have or will try anything else. Try real friends like that.... ( that can show restraint and productivity in society ) then maybe you'll get your head out the ground and spread your wings and really soar.
Peace
Popeye the sailor
ps the rest of the world cant be wrong. have you even left your suburban neighborhood??
.org
Ignorance is a crime
Comment posted by Anonymous on Fri, 10/05/2007 - 1:31pmThe people who prosecute cannabis use by responsible adults are the ones who should be prosecuted. And thoughs who practice religious discrimination will be dealt with by the Creator in this life time or the next. The system can not admitt to being wrong, because it would have to give reperations to all who have been harmed do to their unGodly law.
Ras Kwame