Tuesday, August 06, 2013

Indicted Minister of Cannabis Church Wins Partial RFRA Victory

Hawai'i Daily News reports that last Wednesday a Hawaii federal district court gave a partial victory to Rev. Roger Christie who is charged with distributing marijuana to his parishioners as part of his religious ministry.  Judge Leslie E. Kobayashi ruled that as a matter of law, two of the elements of a Religious Freedom Restoration Act defense have been shown.  Christie's actions stem from a sincere belief in a legitimate religion, and the government has substantially burdened his religious exercise. The government can still prevail if at trial it shows that it had a compelling interest in barring the religious use of cannabis here, and that it used the least restrictive means to further that interest.