8th Circuit Hears Arguments In Sacramental Marijuana Case

Last Friday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Olsen v. Mukasey. A recording of the full oral argument is available online. The Rutherford Institute, which is assisting Olsen in his appeal, describes the case. At issue is whether marijuana use by Carl Olsen, a member of the Ethiopian Zion Coptic Church (EZCC), is protected by the Religious Freedom Restoration Act. The court below held that Olsen's claim was barred by collateral estoppel because of litigation in the 1980's and '90's in which Olsen was involved. However Olsen argues that intervening precedent precludes application of collateral estoppel. Many of the documents in the appeal, including briefs, are available on the EZCC website.