The First Amendment to the U.S. Constitution says the government cannot make laws "prohibiting the free exercise" of religion.
Many people use marijuana as a religious sacrament, and forcing them not to use marijuana clearly prohibits the free exercise of their religion. In order to
comply with the First Amendment, our laws should allow for the religious use of marijuana.
...... it creates no impediment to the free exercise of
their faith in their homes, their houses of worship, or other non-federal locations. - (Forchion Vs USA)
Reasonable Compensation - SB/420
(c) A primary caregiver who receives compensation for
actual expenses, including reasonable compensation incurred
for services provided to an eligible qualified patient or
person with an identification card to enable that person to
use marijuana under this article, or for payment for
out-of-pocket expenses incurred in providing those services,
or both, shall not, on the sole basis of that fact, be
subject to prosecution or punishment under Section 11359
or 11360.
The first
Amendment right to Freedom of Religion, California
Prop 215, and the Religious Freedom and Restoration Act of 1993 (42 U.S.C. §
2000bb(a)) combine to allow the minister here at
The Liberty Bell Temple, "Ras Ed Forchion" to
posses marijuana. In strict compliance with Prop 215 rules and regulations the LibertyBellTemple
provides the sacrament of our faith “ganja, to
the people”. Our ministry duties, mission will be
to provide sacrament to those in need medicinally and spiritually. With
good thoughts, good words, good deeds we honor the Holy Marijuana as
the Teacher, The Provider, The Protector. The cultivation and proper
use of cannabis are inseparable parts of, and necessary to, "our
mode of worship". Any cultivation,
or use, is in accordance with
the rules of the American Rastafari Society, The United Cannabis
Ministries and The Liberty Bell Temple; is thereby not harmful to the
health , safety, welfare, or morals of society nor our members.
BOOK REVIEW:
Public Enemy #420
"It is
perhaps ironic that a man that the State of New Jersey labeled a
criminal could now be considered a visionary, as New Jersey has just
joined the ever-growing number of States legalizing marijuana. A true
freedom fighter, Edward Forchion was willing to lose everything he had
( including his own freedom) in order to promote a message that he knew
was just and, he correctly maintained, was supported by the United
States Constitution. There are few men throughout history who have been
willing to sacrifice as much as Edward Forchion for the principles he
believes in and, in the end, his principles were totally vindicated…......"
And so begins
the memoirs of the man, most know as the notorious New Jersey Weedman!
Ed Forchion aka NJWeedman has achieved cult status in the medical
marijuana community and beyond for his stance as an advocate for his
right to legally smoke marijuana.
A well known
cannabis activist, even before its legalization in several states, he
founded the Legalize Marijuana Party on April
20th,1998. An avowed Rastafarian rebel, the former New Jersey resident
openly and indiscriminately incorporated the use of marijuana in his
daily practices and spiritual belief system, much to the chagrin of the
state's local authorities. His legend was confirmed when he was
arrested for smoking the sacred herb in front of the Liberty Bell in
Philadelphia, PA!
A disarming
intellectual, with a vitae that includes running for Governor, Senator
and a Congressional seat in the state of New Jersey, as well as a stint
in prison for various related herb charges, the self-professed "pot
head" finally tired of fighting the powers that be. In 2008, NJ Weedman
fled New Jersey in a self imposed political exile to sunny California,
a state that, per the passage of The Compassionate Use Act of 1996
Prop. 215 and SB420 recognizes the legal use of marijuana
for medicinal purposes.
"Public
Enemy #420," is the tell-all memoirs of this marijuana activist. Ed
Forchion is one of the few Black men in the medical marijuana community
to actively and openly campaign, position and politic for his right to
exercise his freedom of choice to partake in a ritual he considers
sacred. Once a self employed truck driver, Forchion is now the
victorious owner of his own medical marijuana dispensary in California
on the famous Hollywood Boulevard. He names his dispensary the Liberty
Bell Temple as an ode to the basic concepts of democracy and faith.
A true "Superhero of the Potheads," Ed Forchion's "Public Enemy #420" is chock full of amazing statistics
about the "politricks" of marijuana as well as the page turning
adventures of his life. A must read for pot smokers, non-pot smokers,
and anyone who relishes FREEDOM!
BUY IT HERE ONLINE
NJweedman
has finally published his book .
Go to paypal and order a signed copy directly from him.
Follow the WEEDMOBIL on Twitter. Beginning on August 1st, the WEEDMOBIL will be cruising the streets of LA. Once a day the weedmobil will park in a
location and pass out fliers, and grams to card carrying medical patients.
The U.S. Court of Appeals for the Ninth Circuit ruled on February 2, 1996
that under the Religious Freedom Restoration Act of 1993, Rastafarian defendants
should be allowed to show that they use marijuana for bona fide religious
reasons in their defense against charges of possession of marijuana (U.S. v.
Bauer, No. 94-30073, 96 C.D.O.S. 756, 1996WL42240 (9th Cir.
1996); http://www.law.vill.edu/Fed-Ct/Circuit/9th/opinions/9430073.htm;
Reynolds Holding, "Rastafarian Pot Could Be Legal," San Francisco
Chronicle, February 3, 1996, p. A14; "Marijuana For Religious
Reasons," Washington Post, February 5, 1996, p. A10;
Associated Press, "Court: Rastafarians Can Hold Marijuana,"
Chicago Tribune, February 4, 1996, p. 9).
Acting on two tips, police initiated an investigation of marijuana trafficking
from Mexico to Billings, Montana. As a result of the investigation, 26 people
were indicted in November 1992 on a number of charges, including conspiracy
to manufacture and distribute marijuana, money laundering, use of firearms
in relation to drug trafficking, and possession with intent to distribute
marijuana.
Three of the defendants, Calvin Treiber, Dawn Meeks, and Lexi Bauer,
appealed on the grounds that they possessed the marijuana in the course
of practicing their religion, Rastafarianism. The Court of Appeals found
that Rastafarianism is a recognized religion that considers marijuana a
sacrament.
In 1993, Meeks had requested the district court to provide funds for
expert testimony on the use of marijuana in Rastafarianism. The district
court denied that motion and granted a government motion to prevent any
religious defense to the charges. The defendants' trial started on October 3,
1993. On November 17, 1993, the defendants notified the court that
President Clinton had signed the Religious Freedom Restoration Act on November 16,
1993. The Act declares that "governments should not substantially burden
religious exercise without compelling justification," i.e. government
interest. Further, the Act allows for persons who find that a law does "substantially
burden" their free exercise of religion to present evidence of such
at trial (P.L. 103-141; 42 U.S.C. 2000bb-1). The district
court refused to reconsider its ruling on the government's motion.
Post-conviction, the defendants argued that laws regulating marijuana
greatly interfere with the ability of Rastafarians to practice their religion.
The district court ruled that "the government has an overriding interest
in regulating marijuana." The court quoted a 1967 Fifth Circuit decision:
"It would be difficult to imagine the harm which would result if the
criminal statutes against marihuana were nullified as to those who claim
the right to possess and traffick in this drug for religious purposes. For
all practical purposes the anti-marihuana laws would be meaningless, and
enforcement impossible" (Leary v. U.S., 383 F.2d 851
(5th Cir. 1967),rev'd on other grounds, 395 U.S. 6
(1969)).
The Court of Appeals three judge panel was unanimous that the defendants
should have been allowed to present evidence of their religious use of marijuana
at trial. Judge John T. Noonan, Jr., writing for the court, found that
under the Religious Freedom Restoration Act, the government would be required
to show that the burdens on the defendants' religion were in the course
of furthering the government's interest and that the laws were the "least
restrictive means of furthering that compelling government interest."
While the defendants may use the religious argument in their defense of
simple possession charges, Noonan wrote that the same argument cannot be
applied to other charges of conspiracy to distribute, possession with intent
to distribute, and money laundering. "Nothing before us suggests that
Rastafarianism would require this conduct," he wrote.
Noonan ordered that the defendants be retried on the simple possession
charges. At such trial, Noonan wrote, the government can challenge whether
the defendants are Rastafarians. "It is not enough in order to enjoy
the protections of the Religious Freedom Restoration Act to claim the name
of a religion as a protective cloak," Noonan wrote. "Neither the
government nor the court has to accept the defendants' mere say-so."
The defendants appealed on a number of other grounds, including inappropriate
peremptory challenges to the jury by the prosecution, misleading jury instructions,
and selective prosecution. The Court of Appeals found no grounds for any
of these arguments.
