Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Sunday, September 30, 2007
Hawaii Supreme Court Rejects Free Exercise Defense In Marijuana Case
In State v. Sunderland, (HI Sup. Ct., Sept. 21, 2007), the Hawaii Supreme Court held that the First Amendment's Free Exercise clause is not a viable defense to a prosecution under state law for illegal possession of marijuana. The court also found that defendant Joseph Sunderland failed to preserve for appeal his argument that use of marijuana for religious purposes in his own home is protected by his right to privacy. Three justices dissented on this point, but, after reaching the merits of the privacy argument, only one of those three concluded that Sunderland's defense should prevail. (Text of dissents 1, 2, 3).