Court Upholds Arizona Ban on Marijuana Against Religious Freedom Claim

In State of Arizona v. Hardesty, (AZ Ct. App., July 31, 2008), an Arizona appellate court rejected a criminal defendant's claim that Arizona's laws against marijuana possession violate his Free Exercise rights under the U.S. Constitution and Arizona's Free Exercise of Religion Act. Defendant is a practicing member of the Church of Cognizance that believes in unlimited use of marijuana to obtain spiritual enlightenment. The court held that Arizona's marijuana laws are neutral laws of general applicability and therefore survive a 1st Amendment challenge. The court also held that Arizona's uniform ban on marijuana is the least restrictive means for the state to vindicate its compelling interest in protecting health and welfare, so the ban is not precluded by Arizona's Free Exercise of Religion Act.