Suit On Religious Use of Cannabis Dismissed On Ripeness Grounds

In Oklevueha Native American Church of Hawaii v. Holder, 2010 U.S. Dist. LEXIS 16123 (D HI, Feb. 23, 2010), an Hawaii federal district court dismissed on ripeness grounds a suit seeking a declaratory judgment that a church and its founder can grow, possess and distribute cannabis free from federal drug crime prosecution. Plaintiffs claimed that cannabis is used in their religion. The court found that the complaint does not allege any threat that the church or any of its members will be prosecuted for drug related offenses. The court also cautioned the attorney in the case about advising his client to submit an affidavit admitting to a possible drug crime, saying that the attorney may have a conflict in giving this advice because the declaratory judgment sought would benefit another of his clients.