8th Circuit Affirms Dismissal of Religious Challenge To Controlled Substances Acts

In Olsen v. Mukasey, (8th Cir., Sept. 8, 2008), the U.S. 8th Circuit Court of Appeals held that plaintiff's attempt to enjoin enforcement against him of the federal and Iowa's controlled substances acts should be dismissed. Carl Olsen, a member of the Ethiopian Zion Coptic Church, uses marijuana for sacramental purposes. The court concluded the Olsen's RFRA, free exercise and equal protection claims were barred by collateral estoppel. His claims had been previously adjudicated in state and federal criminal prosecutions against him. The court held that RLUIPA does not apply because Olsen is not an institutionalized person. The court's decision affirms the dismissal of Olsen's claims by the district court.