Marijuana Seizure Does Not Violate Free Exercise

In Rylee v. Ashcroft, 2005 U.S. Dist. LEXIS 31530 (ED Cal., Dec. 5, 2005), a federal Magistrate Judge in California recommended dismissal of a claim that the seizure of 1177 marijuana plants by the DEA and the local sheriff's office violated plaintiffs' free exercise of religion. Among other things, plaintiffs claimed that as members of the Church of the Greater Faith and Redemption (CGFR), use of marijuana was part of their religious beliefs. One of the plaintiffs argues that he is a minister of CGFR and that he is required by his religion to distribute marijuana as a sacrament. The Magistrate Judge notes that CGFR offers instant ordination over the Internet, and that the church here consisted of only 3 members, the plaintiffs, who appear to have formed their church in anticipation of bringing this lawsuit.