NC Court Rejects Free Exercise Defense To Drug Charges

In State v. Carignan, (NC Ct. App., July 18, 2006), a North Carolina appellate court rejected arguments by Benjamin Carignan that his prosecution for possession of marijuana and of drug paraphernalia violated his constitutionally protected rights of free speech and religion. Carignan says that he is an ordained minister in the Universal Life Church and smokes marijuana for religious reasons as part of his adherence to the Hawaiian Cannabis Ministry. The court found that there had been no showing that the prosecution violated Carignan's free speech rights, and that neither state nor federal protections of religious freedom were violated by the prosecution.