Marijuana DUI Law Does Not Injure Religious User of Cannabis

In Baker v. State of Colorado, (D CO, Feb. 18, 2014), a Colorado federal district court adopted a magistrate's recommendation (Feb. 7, 2014) and dismissed for lack of standing a free exercise challenge to Colorado's marijuana DUI statute. The magistrate's conclusion, adopted by the district court, was:

Plaintiff alleges that Colorado's marijuana DUI statute violates his First Amendment right to free exercise of religion because it infringes on his right to (1) personally use cannabis for medical and sacramental purposes and (2) run a church that uses cannabis in its religious practices.... Plaintiff does not allege facts indicating that his religion specifically necessitates marijuana use resulting in five ngs or more of Delta 9-THC in his bloodstream while driving a car. Therefore, Plaintiff fails to allege facts showing that Colorado's marijuana DUI statute has unconstitutionally burdened his religious practices.... Accordingly, he fails to allege an injury in fact in connection with his First Amendment claim.