In
United States v. Lepp, (9th Cir., July 27, 2011), the U.S. 9th Circuit Court of Appeals affirmed the conviction and ten year mandatory minimum sentence imposed on Eddy Lepp who had been charged with running a large marijuana farm known as "Eddie's Medicinal Gardens and Ministry of the Rastafari." (See
prior posting.) The court held:
The district court did not err in denying Lepp’s Motion in Limine seeking to present a religious defense under the Religious Freedom Restoration Act of 1993 (RFRA). Applying the criminal laws prohibiting possession and manufacture of marijuana to Lepp is the least restrictive means of furthering the government’s compelling interest in preventing diversion of sacramental marijuana to nonreligious users....
Nor did the district court abuse its discretion by denying Lepp an evidentiary hearing on his RFRA Motion. One of the facts Lepp sought to establish at such a hearing—that his religious beliefs were sincerely held—had already been accepted as true by the court. As for the other fact he sought to prove, ... the court stated that its ruling would be the same “regardless of whether or not” there were 2,500 adherents in Lepp’s congregation....
Hawaii Daily News reports on the decision.
